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Judgifying I Don’t Like


Shorter Daily Tucker:  “Too many people are trying to shift the definition of ‘judicial activism’ away from its true meaning: judicial decisions that entail policy outcomes conservatives disagree with.”

My favorite part:

Words mean things, and the power “to regulate commerce…among the several states” does not mean the power to tell Americans what they must buy.

Words, indeed, mean things. Selling health insurance is “commerce” by its most obvious definition (and long-standing Supreme Court definition), clearly the market for health care is “interstate,” and even Vinson (however indavertently) concedes that the mandate is integral to this set of regulations of interstate commerce. So I’m afraid you’re going to have to do better than that…

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