ObamaCare: Unconstitutional... again

obtuseobserver · Jan 31, 2011

I found this comment in the NYT responses to an article published today written by Kevin Sack :

Forum shopping by conservatives who complain about so-called “activist judges”: Pure hypocrisy

I felt obliged to acknowledge that forum shopping by constitutionalists is indeed sometimes, and sadly, required. However, the difference is that constitutionalists do it in order to find a judge who upholds the constitution rather than ignores it.

Snarky commentary on the article's misinformation at my blog: www.obtuseobserver.com

The NYT considered the Virginia ruling to be in conflict with the Florida ruling... that's true if the question is akin to asking how pregnant the bride is. Florida tossed the law completely Virginia in part.

myp · Feb 21, 2011

I think the moral hazard of having any body of people select a judge will always be just that.

obtuseobserver · Feb 25, 2011

myp said:
I think the moral hazard of having any body of people select a judge will always be just that.

Not sure I follow.

The reason we have a constitution written on paper is so that we adhere to it.

Many of our judicial class take the Wilsonian view that the constitution is an impediment to be circumvented. That is my lament.