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 ...
"Elite profs answer constitutional arguments by sticking their fingers in their ears."
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!
I don't know how many times I've heard people claim this idiot Tribe a constitutionalists and conservative.
... that’s NOT their ears...
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.
Elite profs should be changed to “two pukes”.
>... thats NOT their ears...
Ah, but you’re forgetting where their heads are.
;)
A Harvard Muslim agrees with another Harvard Muslim, and a Yale lib activist joins in agreement.
Be still my heart.....
Good point!
Clearly, I did not look deeply enough in to the situation before I commented...
Was this guy one of them?
I got him mixed up with Olsen.
Anybody know of a conservative towelhead?
>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.
“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.
Obama Admin Ignores Ruling Against ObamaCare [Dallas Morning News]
" The White House is treating the decision like it doesnt 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-
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.
Ain't that the truth. He's the only one currently on the court who dissented in Gonzales v. Raich.
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