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Offline Oceander

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« on: March 26, 2014, 02:16:11 PM »

Offline EC

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« Reply #1 on: March 26, 2014, 02:23:12 PM »
O, any chance of translating this into common English?

You guys use some odd dialect that no one else speaks!  :tongue2:

Right now - I am getting the tone of "he could go either way." Yet if the first question he asked is indicative, it would have a major impact on the Citizens United ruling, no?
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Offline Oceander

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« Reply #2 on: March 26, 2014, 02:32:18 PM »
that Kennedy would write a very narrow opinion either way, relying on the narrowest grounds possible for that opinion.  in other words, no sweeping constitutional riffs from Kennedy.

Unfortunately, it doesn't seem possible to divine much else from these tea leaves as far as I can tell, although it does suggest that he might simply hold that the regulation in this case was trumped by the RFRA statute - apparently the abortion mandate was in an HHS regulation, not the statute itself - essentially giving the parties a win, but not creating any sort of a permanent block for the government to accomplish this end by statute, and not giving any sweeping holdings (or dicta) on what rights corporations might have and the degree to which they can demand an exemption from this law or that based on an assertion that the law would make them do something that goes against the owners' beliefs.


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