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Constitutionally Hopeful

The cover story on National Review is by Jonathan Adler and Nathaniel Stewart, who are insisting there were Positive Steps, Silver Linings in the Supreme Court’s ruling in NFIB v. Sebelius ruling.   Since I am expecting stormy weather over the next few years in the matter of . . . . Continue Reading »

Pessimistic Thoughts

1.  When looking at the Obamacare case, many wondered if the individual insurance purchase mandate was severable from the rest of Obamacare.  According to the Chief Justice, the mandate is severable from itself.  You take (what he admits to be) an unconstitutional scheme of mandate . . . . Continue Reading »

No Spin

This is a great day for President Obama.  The argument against Obamacare from constitutional norms has been fatally wounded to the extent of winning over persuadables.  To the extent that pesuadables (especially fairly low information persuadables), feel in-their-bones that the government . . . . Continue Reading »

Stunningly Bad

Wow. The oral argument defense of Obamacare’s constitutionality so far has not just been bad, as has been reported, but has been stunningly bad.  And the incompetence displayed goes beyond that of Solicitor General Verrilli, but extends to several of the meaning-to-help-his-case comments . . . . Continue Reading »

More Rahe on Romney

Paul Rahe is talking sense over at Ricochet , connecting a couple recent Obamacare dots. He lays out the case against Romney, AND the only way Romney can defend himself, quite well. . . . . Continue Reading »

Late Halloween Riddle

What is black and white but leaves law-literate liberals shrieking and gibbering with fright? The anti-Obamacare brief from the public interest law arm of the Claremont Institute! I.e., for liberals, the ultimate CLAREMONSTER!!! . . . . Continue Reading »

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