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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

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    Glenn's argument is flawed (none / 0) (#1)
    by Nathan Inks on Wed Jun 26, 2013 at 04:51:38 PM EST
    While he's correct in what the outcome should have been, his reasoning is flawed.

    When he says, "Five unelected lawyers purport to overturn the vote of hundreds of the people's elected representatives in Congress and the White House", he's essentially arguing against judicial review.  That wasn't the position he took on the campaign trail regarding Obamacare when he was running for Senate.

    But he's right about the outcome.  Part I of Scalia's dissent was spot on (and very well written): the Court never should have heard the case.

    But since the majority wanted to express their opinion on the matter, the Court did.  And at that point, the Court got it right.  Marriage is a states' rights issue, and this was a good ruling for states' rights.  Sometimes some states are going to do things that we conservatives don't like, but that's part of the deal when you sign up for a Constitution that values states' rights.

    So, it was a good ruling on policy, but horrible on procedure (luckily the majority wrote it in a way that there's really not much procedural precedent, since this case was "not routine", but who knows how it'll be twisted 50 years down the road).  And Glenn's statement about judicial review is absurd considering his past statements.

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