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Thread: ACB Hearings

  1. #101
    Senior Member bae's Avatar
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    Quote Originally Posted by befree View Post
    she wouldn't even given an answer as to whether a President could pardon himself???!!?
    Is that a matter of settled law?

    Are there precedents?

    Would the answer depend on the specific fact pattern?

  2. #102
    Simpleton Alan's Avatar
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    Quote Originally Posted by befree View Post
    I'm pissed off at Barrett's refusal to engage in any meaningful conversation...seems she's just flipping off Congress by refusing to give any answers at all.
    I thought it was interesting to see Senators trying to get her to commit to their favored legal activism while simultaneously decrying potential legal activism. Refusing to play that game was smart.

    Quote Originally Posted by befree View Post
    she wouldn't even given an answer as to whether a President could pardon himself???!!?
    I believe without precedent to glean an answer from, it's an untested legal theory requiring more than an off the cuff answer.
    "Things should be made as simple as possible, but not one bit simpler." ~ Albert Einstein

  3. #103
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    There is no escape from judicial activism with a court that has power it shouldn't have, that should be in elected representatives.

    To throw out the ACA, ridiculous, the supreme court never should have the ability to weigh in on legislative matters like that, actual governance is too important to leave to unelected lifetime appointments.
    If you want something to get done, ask a busy person. If you want them to have a nervous breakdown that is.

  4. #104
    Senior Member bae's Avatar
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    Quote Originally Posted by ApatheticNoMore View Post
    To throw out the ACA, ridiculous, the supreme court never should have the ability to weigh in on legislative matters like that, actual governance is too important to leave to unelected lifetime appointments.
    So you're not a fan of their decision in Marbury v. Madison?

  5. #105
    Senior Member jp1's Avatar
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    As is often the case Supreme Court cases often get decided because of quirky ‘technicalities’ for lack of a better word. It will be interesting to see if the court feels that the individual mandate in the ACA is considered to be severance from the rest of the law. Both Kavanaugh and Roberts have, in other decisions, leaned towards the belief that provisions of laws that get struck down as unconstitutional should be severed if possible, leaving the remainder of the law in force. Will they come to that conclusion with the current ACA case? Only time will tell.

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