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ObamaCare Justice….Forcing Those “Freeloaders” To Pay One Way Or Another
Flopping Aces ^ | 02-09-11 | Curt

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 can’t pay for get pregnant, the public will pick up the tab they can get an abortion.

(Excerpt) Read more at floppingaces.net...


TOPICS: Government; Politics
KEYWORDS: althouse; choice; obamacare; tribe

1 posted on 02/09/2011 8:42:02 AM PST by Starman417
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To: Starman417

Professor Laurence Tribe - The Left’s Favorite Source on the Constitution

Coming to an MSNBC Show Soon.


2 posted on 02/09/2011 8:49:05 AM PST by Palmetto Patriot (Just exactly when is the next Election?)
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To: Starman417
Tribe is a joke.

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.

3 posted on 02/09/2011 9:27:58 AM PST by cc2k ( If having an "R" makes you conservative, does walking into a barn make you a horse's (_*_)?)
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To: Starman417
Every one of these democrat fascists is an egomaniac and thinks everyone should be hanging on their every word. Geez.
4 posted on 02/09/2011 9:28:47 AM PST by Rashputin (Barry is totally insane and being kept medicated and on golf courses to hide the fact)
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