Sunday, June 28, 2015

My Thoughts Exactly as a Recovering Lawyer

"The ranks of the Right are filled with a splendid array of gifted and erudite lawyers with unshakeable commitment to the rule of law. Many of them are my friends and colleagues. But their arguments always leave me a little bit cold. We can debate all day about how many Angels in America can have their first dance on the head of Anthony Kennedy’s pen, but we know that the Court’s liberals are going to vote one way, that some of its conservatives will probably vote another, and that John Roberts and Anthony Kennedy will, if the goblins in their heads are sufficiently insistent, ratify whatever Starbucks-customer consensus exists for 80 miles on either side of Interstate 95. That the chief justice went one way on health care and another on marriage tells us nothing at all about the law or the Constitution: It tells us about John Roberts."

Neither decision, Obamacare or gay marriage, had much of anything to do with law, much less Constitutional law. They were unambiguous exercises of raw power disguised with the briefest of fig leaves.

http://www.nationalreview.com/article/420406/john-roberts-decision-kevin-d-williamson

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