Pining For Lochner
By Janice Rogers Brown, appointed by George W. Bush to the august D.C. Circuit., argues that the courts should start throwing out economic regulations she doesn’t like. Based…well, not on any specific constitutional provision, but because the Constitution generally establishes “cowboy capitalism.” It’s becoming hard for me to follow these arguments since I still don’t have that secret Federalist Society Constitution with the word “suckers” in it.
It seems worth noting again that it’s amazing that the media portrayed the Gang of 14 as some sort of compromise, and it’s even more amazing that some Republicans thought that their senators had sold out. It was a massive, massive Republican win.