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Law Law Law Law Law
The Wall Street Journal ^ | FEBRUARY 8, 2011 | JAMES TARANTO

Posted on 02/09/2011 12:47:55 PM PST by Palmetto Patriot

Judge Roger Vinson's order last week declaring ObamaCare unconstitutional has prompted a pair of op-eds by professors at elite law schools: Akhil Reed Amar of Yale, in the Los Angeles Times, and Laurence Tribe of Harvard, in the New York Times. Both profs claim ObamaCare is constitutional.

We were going to write "argue" rather than "claim," but we think that may be too generous. Neither article is a serious piece of legal analysis, because both professors simply refuse to take seriously the legal arguments on the other side, even after those arguments have been accepted by two federal trial judges. Rather than grapple with a novel legal issue in a serious scholarly way, it's as if they stick their fingers in their ears and sing "Law law law law law."

Amar's piece is just insulting. He opens by declaring: "My students understand the Constitution better than the judge," and closes by likening Vinson's order to (we're not kidding) the infamous Dred Scott case: "In 1857, another judge named Roger distorted the Constitution, disregarded precedent, disrespected Congress and proclaimed that the basic platform of one of America's two major political parties was unconstitutional."

As for Tribe, his aim is to reassure New York Times readers that the Supreme Court will uphold ObamaCare:

The predictions of a partisan 5-4 split rest on a misunderstanding of the court and the Constitution. The constitutionality of the health care law is not one of those novel, one-off issues, like the outcome of the 2000 presidential election, that have at times created the impression of Supreme Court justices as political actors rather than legal analysts.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: larrytribe; laurencetribe; obamacare; tribe; vinson
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Subtitle:

"Elite profs answer constitutional arguments by sticking their fingers in their ears."

1 posted on 02/09/2011 12:48:02 PM PST by Palmetto Patriot
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To: Palmetto Patriot

What?

Law professors from BOTH Yale AND Harvard think the health care ‘reform’ law is Constitutional?

Next you’ll be trying to tell me that most UC Berkeley professors voted for Obama in 2008!


2 posted on 02/09/2011 12:55:21 PM PST by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: Palmetto Patriot
Laurence Tribe of Harvard, in the New York Times. Both profs claim ObamaCare is constitutional.

I don't know how many times I've heard people claim this idiot Tribe a constitutionalists and conservative.

3 posted on 02/09/2011 12:55:36 PM PST by Red Steel
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To: Palmetto Patriot

... that’s NOT their ears...


4 posted on 02/09/2011 12:55:52 PM PST by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: WayneS
... their ears if we're lucky...
5 posted on 02/09/2011 12:58:18 PM PST by Mr. K (Empty, Stupid Happy Talk is NOT 'Reaganesque'! Palin/Bachman 2012 UNBEATABLE TICKET!)
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To: Red Steel
"I don't know how many times I've heard people claim this idiot Tribe a constitutionalists and conservative. "

No, not Lawrence Tribe. He's about as orthodox liberal as you can get - a real movement liberal. Maybe you're thinking about Charles Fried or Ted Olson.

6 posted on 02/09/2011 12:58:41 PM PST by OldDeckHand
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To: Palmetto Patriot

Elite profs should be changed to “two pukes”.


7 posted on 02/09/2011 1:02:38 PM PST by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Palmetto Patriot
There is a consensus. It is settled-law.
8 posted on 02/09/2011 1:04:15 PM PST by E. Pluribus Unum ("If they bring a knife to the fight, we bring a gun." -- Barry Soetoro, June 11, 2008)
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To: WayneS

>... that’s NOT their ears...

Ah, but you’re forgetting where their heads are.
;)


9 posted on 02/09/2011 1:07:21 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Palmetto Patriot

A Harvard Muslim agrees with another Harvard Muslim, and a Yale lib activist joins in agreement.

Be still my heart.....


10 posted on 02/09/2011 1:08:51 PM PST by Gator113 (I'm voting for Sarah Palin, Liberty, our Constitution and American Exceptionalism.)
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To: OneWingedShark

Good point!

Clearly, I did not look deeply enough in to the situation before I commented...


11 posted on 02/09/2011 1:09:24 PM PST by WayneS (Enlightened statesmen will not always be at the helm. -- James Madison)
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To: Red Steel
I don't know how many times I've heard people claim this idiot Tribe a constitutionalists and conservative.

Was this guy one of them?


12 posted on 02/09/2011 1:10:39 PM PST by Palmetto Patriot (Just exactly when is the next Election?)
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To: Palmetto Patriot

I got him mixed up with Olsen.


13 posted on 02/09/2011 1:12:59 PM PST by Red Steel
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To: Palmetto Patriot
In keeping theme with the title of this post



Anybody know anything about the law?

I was on jury duty once. It wasn't a murder trial.

Murder trial?

I don't know the technical word for it, Drew, but I know this: You take this man and turn him over to the sheriff, there'll be a trial all right. Trial by jury.

So what?

We killed a man, Drew. Shot him in the back. A mountain man. Gives us somethin' to consider.

All right, consider it. We're listening.

Shit, all these people are related. I'll be damned if I'll come back and stand trial... ...with this man's aunt and uncle......maybe his mama and his daddy sittin' in the jury box.

I passed the bar based on this movie alone ...
14 posted on 02/09/2011 1:13:18 PM PST by Scythian
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To: Gator113

Anybody know of a conservative towelhead?


15 posted on 02/09/2011 1:18:11 PM PST by SgtHooper (The last thing I want to do is hurt you. But it's still on the list.)
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To: WayneS

>Good point!
>
>Clearly, I did not look deeply enough in to the situation before I commented...

Given the general attitude towards colonoscopy it’s quite understandable why you wouldn’t *want* to look deeply.


16 posted on 02/09/2011 1:19:03 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Scythian

“Shit, all these people are related. I’ll be damned if I’ll come back and stand trial... ...with this man’s aunt and uncle......maybe his mama and his daddy sittin’ in the jury box.”

If it didn’t come out during voir dire that the victim’s parents were part of the jury pool, they hired the wrong lawyer.


17 posted on 02/09/2011 1:19:03 PM PST by Tublecane
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To: OldDeckHand
BTW, has the Obama administration asked for a stay yet to Judge Roger Vinson's ruling? Or maybe they don't give enough of a poop to care because...

Obama Admin Ignores Ruling Against ObamaCare [Dallas Morning News]

" “The White House is treating the decision like it doesn’t apply to them, and are moving ahead,” said Americans for Limited Government (ALG) Counsel Nathan Mehrens. He pointed to a blog post by White House Adviser Stephanie Cutter where ominously she... "

-end snip-

18 posted on 02/09/2011 1:20:48 PM PST by Red Steel
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To: Tublecane

I was just goofing around, I hope Obama care is stopped though, I think businesses are frozen until they figure out where this is going to come down. This means at least 5 to 10 more years of recession because that’s how long this is going to take to unwind, the passing of the bill destroyed small businesses for a decade to come.


19 posted on 02/09/2011 1:24:01 PM PST by Scythian
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To: Palmetto Patriot
only Justice Clarence Thomas is a sure vote against ObamaCare, because "he alone has publicly and repeatedly stressed his principled disagreement with the whole line of post-1937 cases that interpret Congress's commerce power broadly."

Ain't that the truth. He's the only one currently on the court who dissented in Gonzales v. Raich.

20 posted on 02/09/2011 1:42:00 PM PST by antiRepublicrat
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