Wednesday, June 29, 2011

For the good of the State, let's get biz-ay!

I'm linking to this AoSHQ post about the reach of the Commerce Clause only because I thought of it first:
Can we mandate that people have more children? Seems to me we could fix some of the demographic problems with SS and MediCare if only people had more children.
And here's me, way back in December:
I was thinking about the P.D. James book (and similar movie) "The Children of Men" set in a dystopian future of mass infertility. As the population ages and dies away, there are no children being born to support the creaky, desperate society. I know this is bit of a stretch but what if the government declared that – in the interest of regulating commerce and keeping the factories running with workers – birth control should be outlawed?
Oh, heavens no, it would never come to that. That's crazy right-wing talk.

Extra - The law blog Volokh Conspiracy has varying reviews of today's opinion.


Anonymous said...

Today, the non-ideological Volokh Conspiracy website ( is full of analysis on the Sixth Circuit's decision upholding the health care mandate, and why it's the first real piece of bad legal news for the if-this-then-why-not-broccoli/children/Tyson-face-tattoos/whatever crowd.

Anonymous said...

That liberal media again, always carrying water for The One;

Anonymous said...

Ronald Reagan's former Solicitor General and current Federalist Society adviser, who testified before Congress on behalf of both John Roberts' and Samuel Alito's SC nominations, discusses the "devastatingly convincing" opinion written by Antonin Scalia's former clerk: