Skip to comments.ObamaCare Justice….Forcing Those “Freeloaders” To Pay One Way Or Another
Posted on 02/09/2011 8:41:54 AM PST by Starman417
Ann Althouse brings up some great points in this trio of posts responding to another law professor's op-ed today, but none more better than this:
Tribe's op-ed, as I wrote in the first post, rests very heavily on misrepresenting the Supreme Court's commerce power doctrine as referring to "commercial choices." In fact, the cases refer to "commercial activities," and a switch from "activity" to "choice" is immensely important in the health care litigation, in which opponents stress that the failure to buy insurance is inactivity, not activity, and therefore beyond even the broadest interpretations the Supreme Court has ever given to the Commerce Clause.
Tribe attempted to skew opinion by substituting "choice" for "activity," and I have called him on that. But I need to go further, because someone who uses words to get things done needs to be kept honest not only about shifting from one word to another, but also about changing the meaning of the same from case to case.
Tribe's op-ed is a case study in being obnoxious, condescending, and dishonest....and that's only the first few paragraphs.
After those first few paragraphs he proceeds to bring out a motherly finger and begins wagging it in the faces of the Supreme Court justices while yelling "you're an imbecile if you don't agree with me!"
And then, as Althouse write, he brings up "choice." You know, those people who do what they want, when they want, knowing all along that their choice can lead to some very bad results which may then cost society:
Society can, as a group, based on our idea of the good, say to that person: We are now going to require you to take responsibility at that early decision point of yours. So Tribe says.
Now, apply that to abortion. If we take a similarly broad view of choice, we could say as anti-abortion advocates do that women who know they may be fertile have a choice when they go ahead and have sexual intercourse with a man. They can refrain from having sex, but if they go forward, they know that if
they need emergency-room care get that they cant pay forget pregnant, the public will pick up the tabthey can get an abortion.
(Excerpt) Read more at floppingaces.net...
Professor Laurence Tribe - The Left’s Favorite Source on the Constitution
Coming to an MSNBC Show Soon.
Isn't he a "living document" Constitution kind of guy?
Is it possible that the interpretation from the New Deal era that greatly expanded the application of the commerce clause might just be getting outdated. Perhaps our national culture has evolved to where we should interpret that more narrowly now.
I also always want to ask these law professors who thing "precedent" is actual law whether they believe the precedent set in Plessy v. Ferguson should be followed today.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.