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When the incoming Chief Justice John G. Roberts Jr. came before the Senate for confirmation seven years ago, President Reagan's solicitor general gave him a warm endorsement as a "careful, modest" judge.
"He's not a man on a mission," Harvard Law professor Charles Fried testified, adding that Roberts was not likely "to embark on constitutional adventures."
But two years ago, the Roberts-led Supreme Court struck down the federal and state laws that for a century had barred corporations and unions from pouring money into election campaigns.
And last week, the court's conservatives, including Roberts, suggested they may well strike down President Obama's healthcare law as unconstitutional.
If so, it would be the first time since 1936 that the Supreme Court voided a major federal regulatory law.
After the healthcare arguments, Fried was among those who worried aloud about the prospect of the Roberts court embarking on a new era of judicial activism.
If the court were to invalidate the healthcare law, "It would be more problematic than Bush v. Gore," Fried said in an interview, referring to the case that decided the 2000 presidential race. "It would be plainly at odds with precedent, and plainly in conflict with what several of the justices have said before."
http://www.latimes.com/health/la-na-court-activism-20120401,0,6035000.story
"He's not a man on a mission," Harvard Law professor Charles Fried testified, adding that Roberts was not likely "to embark on constitutional adventures."
But two years ago, the Roberts-led Supreme Court struck down the federal and state laws that for a century had barred corporations and unions from pouring money into election campaigns.
And last week, the court's conservatives, including Roberts, suggested they may well strike down President Obama's healthcare law as unconstitutional.
If so, it would be the first time since 1936 that the Supreme Court voided a major federal regulatory law.
After the healthcare arguments, Fried was among those who worried aloud about the prospect of the Roberts court embarking on a new era of judicial activism.
If the court were to invalidate the healthcare law, "It would be more problematic than Bush v. Gore," Fried said in an interview, referring to the case that decided the 2000 presidential race. "It would be plainly at odds with precedent, and plainly in conflict with what several of the justices have said before."
http://www.latimes.com/health/la-na-court-activism-20120401,0,6035000.story