Tuesday, February 01, 2011

Judge Vinson's judicial activism showing

Shocking. Yet another GOP judical appointee rules against the health care reform law. Much ado about Judge Vinson's ruling but I agree with Orin Kerr's take on its flaws. Constitutional law isn't my area of expertise but it seems rather obvious the judge erred in ignoring the Raich precedent. And by the way, we told you at the time of her case that the Commerce Clause based ruling was going to cause trouble down the line.

In any event, although Judge Vinson's judicial activism and adoption of Tea Party themes is worth noting, this isn't that big a deal. We're now 2 for 2, with two Democratically appointed jurists upholding the law and 2 GOP appointed conservatives attempting to strike it down in the lower courts. SCOTUS will be the ultimate arbiter in this matter and we'll just have to wait and see which way Justice Kennedy swings when it gets there.

Meanwhile, of more interest is the disparity in the media coverage. As Steve Benen documents, our legacy media downplays the favorable rulings and overplays the conservative strikes against reform. Also, if you're a fan of legalese, Ezra rounds up the law bloggers, pro and con.

At the moment, all I have left to say is, I hope all those that ignored me when I said the most important reason to vote -- even if it's hold your nose voting -- is because of judicial appointments, will listen to me now.

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1 Comments:

Blogger TDC said...

Libby Spencer "We're now 2 for 2, with two Democratically appointed jurists upholding the law and 2 GOP appointed conservatives attempting to strike it down in the lower courts."

Actually "we're" 2 for 4.

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Ms Spencer SCOTUS will be the ultimate arbiter in this matter and we'll just have to wait and see which way Justice Kennedy swings when it gets there."

It would be in the best interest of all concerned to fast track this to the SCOTUS. No matter how the lower courts rule, the loser will appeal the ruling. We might as well get the answer sooner rather than later. (imo)

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Ms Spencer "Meanwhile, of more interest is the disparity in the media coverage. As Steve Benen documents, our legacy media downplays the favorable rulings and overplays the conservative strikes against reform. "

The Florida ruling was the most significant to date as it was a joint challenge that included 26 states. The previous rulings had been limited primarily to single state venues.

At the end of the day the "media coverage" doesn't matter. How the SCOTUS rules does.

8:38:00 PM  

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