Law professor: Impeach Supremes if they overturn Obamacare

Hot Air ^ | APRIL 4, 2012 | TINA KORBE

[RobinMasters]

Like conservatives, law professor David R. Dow thinks it’s disappointing that the Supreme Court vote on the constitutionality of the Obamacare individual mandate will likely fall along partisan lines — but his disappointment stems from his utter conviction that the individual mandate is constitutional.

He’s so convinced of it that he thinks any Supreme Court justice who votes to overturn Obamacare should be impeached. He cites Thomas Jefferson’s call to impeach Justice Samuel Chase as an historical reminder that impeachment is and should be an option for justices who undermine constitutional values. I agree with him that impeachment of justices is itself constitutional — but what constitutional principles, exactly, would the Supreme Court be undermining if they vote against Obamacare?

Dow’s argument that the individual mandate is constitutional is exactly what you would expect: If you are going to voluntarily do something (e.g. drive a car), the government can make you purchase a product (e.g. insurance) provided it has a good reason for doing so (e.g. making sure you can pay for any damage you do). This argument might make some sense if the activity for which Obamacare mandates insurance was something more than merely existing.

But Dow takes it a step further by arguing that the Constitution doesn’t just grant the federal government the power to regulate commerce, but that it also, in fact, grants the federal government the power to guarantee medical coverage for the poor and to implement a system to pay for it. He writes:

[Chode]

feh... the boy first!!!

[okie01]

...but that would be Judge Sotomeyer for not recusing herself because she was solicitor general and intimately involved in Obammy care.

Wrong impeachee.

Justice Kagan was Solicitor General, was intimately involved in the legal defense of Obamacare...and should've recused herself.

[RedMDer]

Click!

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[Ruy Dias de Bivar]

**** He cites Thomas Jefferson’s call to impeach Justice Samuel Chase as an historical reminder that impeachment is and should be an option for justices who undermine constitutional values.****

Yeah, yeah! I remember when American Citizens wanted to....IMPEACH EARL WARREN!

[rolling_stone]

Is this the same a$$ who wrote the book:

America’s Prophets: How Judicial Activism Makes America Great

http://www.amazon.com/Americas-Prophets-Judicial-Activism-America/dp/0313377081/ref=lp_B001H6O43U_1_5?ie=UTF8&qid=1333593026&sr=1-5