Tuesday, February 01, 2011


Using the Wrong Organ

It is interesting to compare writing. from both sides of the aisle, regarding Judge Vinson's recent opinion striking down as unconstitutional the whole of Obamacare. It gives a glimpse into how each political side thinks, if that's the right word. On the one hand is the estimable opinion of the Wall Street Journal. On the other hand are Ezra Klein, who, as is his wont, is silly and irrelevant and Jonathan Cohn, not a lawyer, who has nit-picky complaints but no cogent legal counter argument.

Then there is Jennifer Rubin, who doesn't talk so much about the case as about the non-lawyers on the left reacting thereto. She says, with a lot of justification, that the left was not prepared for the ruling.

Venting one's spleen is not using the old noggin'.

The ruling is sound and not unexpected. The individual mandate is indeed not severable from the rest of the act and the unconstitutionality of the individual mandate will be upheld in the Supreme Court. Can't say that holding the whole thing void will be upheld, although it should. The Dems gambled with not including the normal Severability Clause and may pay the price.


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