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View Diary: Justice Scalia briefing papers: Right-wing blogs (121 comments)

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  •  Charles Fried called it 'beneath contempt' (0+ / 0-)

    The gang of 5's performances were not those of judges but of trash-talking frat boys at a football game.

    "[R]ather high-minded, if not a bit self-referential"--The Washington Post.

    by Geekesque on Thu Mar 29, 2012 at 03:08:18 PM PDT

    [ Parent ]

    •  Fried also said it was correct: (1+ / 0-)
      Recommended by:
      coffeetalk

      the gvt could force us to buy broccoli or gym memberships.

    •  Yes, but the correct answer (5+ / 0-)

      That Justice Hugo Black would have responded with, is that although the federal government under the interstate commerce clause could require everyone to buy broccoli, we have to have faith in our legislatures and our Congress not to enact stupid laws.  In his dissent to Griswold, Justice Black said that the Conneticut legislature enacted a stupid law when it banned the sale of brith control, and he would never have voted for such a law when he was a Senator, but the Constitution does not give the Supreme Court the right to void laws just because they are stupid laws.  If Congress had a reasonable basis for the mandate, that is all that is needed for the Court, under current precedent, to uphold the mandate.  If the mandate is poor policy, or if the Justice disagrees with the law, that is not a basis to strike the law down as unconstitutional.

      "We have always known that heedless self-interest was bad morals, now we know that it is bad economics." Franklin Delano Roosevelt, Jan. 20, 1937

      by Navy Vet Terp on Sat Mar 31, 2012 at 05:52:16 PM PDT

      [ Parent ]

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