Tuesday, November 09, 2010

Limiting the Commerce Clause - George Mason law professor Ilya Somin believes the Supreme Court could knock down Obamacare's individual mandate: "Mandate challenge could prevail."

In related news, it does not appear that Justice Elena Kagan will recuse herself from any health care reform legal challenges even though she was Solicitor General for the Obama Administration and certainly had a legal role in the legislation.

Extra - From Wizbang: if the Commerce Clause can compel Americans to do something for the "good of society" does that mean we can force people to give up smokes? Hey, why not!?

6 comments:

Thaddeus Corpus said...

The Scalia-Thomas-Roberts court hasn't exactly set a golden standard for principled recusals. Elena Kagan would be lucky to take the bronze.

In any event, the Supreme Court is more likely to decline hearing a health care appeal than it is to rule against its own precedent.

But keep those campaign donations coming. And oh yeah: THIS year, we double-pinky-swear, Roe v. Wade is goin' DOWN!

Roger Bournival said...

I believe you have yor first real troll here, Eric. Congratulations!

Eric said...

Hey, I'm just happy anybody's reading.

All are welcome as long as it's kept clean (sometimes my kid reads).

I don't see it. said...

Remember when "trolling" referred to specific inflammatory or insincere online behavior, and wasn't just an empty euphemism for "I disagree"?

Ah, memories.

DCE said...

Ban smoking? Yeah, that ought to work just as well as Prohibition stopped people from drinking. All it will do is create yet another illegal substance market that will, in the end, create even more smokers just as Prohibition created even more drinkers.

Anonymous said...

Re: the total smoking ban that no one is considering:

"If A, then heck, why not B, C, or Q?" slippery slope extrapolations work better when they have at least one root planted somewhere near reality.