PointofLaw.com
 Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  
   
 
   

 

 

Writing conservatives out of "mainstream" thought

| No Comments


Tim Carney has an excellent column about the strategic attempt of the Left to make conservative ideas and thought entirely discredited. Today's ACA decision, if it comes down in favor of giving the Commerce Clause teeth, will be a huge part of this strategy; though the Commerce-Clause interpretation was adopted by a lower-court judge appointed by Clinton as well as some appointed by Republicans, any Supreme Court decision to the same effect will be a "coup." (No one accused the Court of a coup on Monday when it struck down much of Arizona's SB 1070 or the murder penalties of dozens of states.) A recent Bloomberg poll of law professors found 19 of 21 thinking the ACA was constitutional; on such a close question (and close only because of the incoherence of the last eighty years of Commerce Clause jurisprudence), doesn't this say more about the legal academy than the Supreme Court?

Leave a comment

Once submitted, the comment will first be reviewed by our editors and is not guaranteed to be published. Point of Law editors reserve the right to edit, delete, move, or mark as spam any and all comments. They also have the right to block access to any one or group from commenting or from the entire blog. A comment which does not add to the conversation, runs of on an inappropriate tangent, or kills the conversation may be edited, moved, or deleted.

The views and opinions of those providing comments are those of the author of the comment alone, and even if allowed onto the site do not reflect the opinions of Point of Law bloggers or the Manhattan Institute for Policy Research or any employee thereof. Comments submitted to Point of Law are the sole responsibility of their authors, and the author will take full responsibility for the comment, including any asserted liability for defamation or any other cause of action, and neither the Manhattan Institute nor its insurance carriers will assume responsibility for the comment merely because the Institute has provided the forum for its posting.

Related Entries:

 

 


Isaac Gorodetski
Project Manager,
Center for Legal Policy at the
Manhattan Institute
igorodetski@manhattan-institute.org

Katherine Lazarski
Press Officer,
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.