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Bachmann and Romneycare

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I think that to the extent that Bachmann’s assertions that the Massachusetts health care bill is unconstitutional were a gaffe, it was a Kinsleyean gaffe.   That is, I think at bottom the arguments against the constitutionality reflect libertarian principles much more than federalist ones.   When a judge talks about “extinguishing the right” to finance one’s own medical expenses, the level of government involved is beside the point.

Either way, it’s still pretty striking that 1 of the top 3 contenders for the Republican presidential nomination wants to bring Lochner back, to go along with the other one who wants to bring Gilded Age conceptions of federal power back.

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