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Writing conservatives out of "mainstream" thought

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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?

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


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