Comments: Quote of the Day

The court majority found that the law means what it says it means, even if it doesn't say it. Or even if it says something different than what it says.

Works for me!

Posted by johngalt at June 25, 2015 3:03 PM

I find Scalia's dissent far more compelling, I'll admit. I would have proudly joined the HOSS wing Thomas/Scalia/Alito and interpreted the statute literally.

Maybe I'm still licking wounds from the TPA, but my objection is to "the Republic is over" and "Obama clearly has some naked picked of Roberts with barnyard animals and he uses these to get rulings he likes." &c.

It was statutory and ambiguous. I am not going to put this in the bag with Kelo, Raich, Buck v Bell and Dred Scott. I think grownups should learn to be disappointed in government -- there are ample opportunities to practice.

Posted by jk at June 25, 2015 4:24 PM

Can we at least agree that this is closer to removing Themis' blindfold than to mere "disappointment in government?"

The court ruled in favor of Leviathan. The majority rewrote the law to make it legal, rather than throw it back to the other two branches to clean up their own gorram mess. You know, the way it used to be done before Twitter, the internet, and the 24-hour news cycle made so many of us come to expect everything, right now, for free. (Yes, that includes "must pass" furcacta trade deals.)

Posted by johngalt at June 25, 2015 6:01 PM

I'm not going to sit still while you bad mouth Adam Smith...

I am not trying to spread a little sunshine wherever I go, it is bad and I find Scalia's dissent far more compelling than Roberts's opinion.

But if you read Damon Root's Overruled [Review Corner] or any of his superb synopses videos and articles, I think you can accept this as "judicial deference." I am not saying I dig it -- and I wish they saw their job as protecting our liberties from the other branches -- but it is par for the course as it were.

To get beyond this means embracing an outlying, minority-but-growing libertarian jurisprudence. Not name calling.

Posted by jk at June 25, 2015 6:19 PM
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