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    tomder55's Avatar
    tomder55 Posts: 1,742, Reputation: 346
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    #21

    Mar 4, 2013, 02:18 PM
    Then you don't even know the context of Scalia's comment .
    speechlesstx's Avatar
    speechlesstx Posts: 1,111, Reputation: 284
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    #22

    Mar 4, 2013, 02:19 PM
    Quote Originally Posted by Tuttyd View Post
    I might. Depends on what arguments you are talking about.

    Tut
    The transcript in question, Shelby County v. Holder.
    Tuttyd's Avatar
    Tuttyd Posts: 53, Reputation: 4
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    #23

    Mar 4, 2013, 08:18 PM
    Quote Originally Posted by tomder55 View Post
    Then you don't even know the context of Scalia's comment .

    I haven't read the actual court transcripts until now.

    There is a big difference when it comes to expressing a legal opinion and expressing a public opinion. As far as I can see Sotomayor is expressing a legal opinion in a court room.Unless you have something else?


    Tut
    tomder55's Avatar
    tomder55 Posts: 1,742, Reputation: 346
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    #24

    Mar 5, 2013, 09:11 AM
    Scalia was expressing a legal opinion in the oral arguments . That is the context . His point was that it was a safe vote for Congress to leave a statute that is of questional constitutionality in place rather than to go on the record for voting "against" voting rights.

    And I am fairly confident it will be reenacted in perpetuity unless -- unless a court can say it does not comport with the Constitution. You have to show, when you are treating different States differently, that there's a good reason for it.

    That is a legal opinion and nothing else .

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