Sunday, January 30, 2011

On the Constitutionality of ObamaCare

Althouse went to a seminar.

...Meade and I sat at a table which seemed to be full of lawyers who supported health care reform. One lawyer haughtily informed me that whatever law professors might think about the Constitution, it's really all politics, and this health care reform represents a big, important political effort and that's why it's going to be upheld in the courts. I said, if it's all politics, then what of all the politics pushing back against the law? What about the polls that show most people are against it and what about the last election? If you're going to say politics determines the outcome, then don't you have to take that politics into account too? The lawyer looked either alarmed or angry, because I, a law professor, didn't simply assert that the Constitution matters, which would have made it easy for him to irritatingly chuckle about naivete. ...

Well, then, if it's only politics that counts, let's follow Dick's advice in Henry VI.

Given the above, I know which ones should be first on the list, too.

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