Stuart Taylor predicts that the Court will base its decision on politics.  Taylor -- contributing editor for Newsweek and the National Journal -- argues that, with no clear precedent, it's hard to predict.  If it comes down to the question of whether Congress is doing the right thing, I believe that Justice Kennedy will side with the liberals and uphold the law.  However, there's a judge in Florida and one in Virginia who seem to be leaning the other way -- and Supreme Court Justices Roberts, Thomas, Alito and Scalia will lean with them.  So it's going to be a nail-biter.
And yes, you're right, politics isn't supposed to drive the Supreme Court.  But it does, all too often.  Jennifer
Monday, December 6, 2010
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