Showing posts with label "Supreme Court". Show all posts
Showing posts with label "Supreme Court". Show all posts

Friday, July 04, 2014

Reason Magazine: A Slippery Slope In the Right Direction?

Reason has an excellent article up about not only why the Hobby Lobby ruling was correct, but also why it didn’t go far enough. This part perfectly encapsulates the Libertarian argument:

A group of politicians cannot legitimately have the power to compel one group of people—employers, taxpayers, or insurers—to pay for things that another group wants. That's immoral, and it violates inalienable rights. Moreover, when government has the power to issue such commands—always backed by force, let us never forget—it sets off a mad interest-group scramble for control of the government machinery—because control is a license to steal. Is it any wonder that people are willing to spend billions of dollars to influence who makes government policy? If people face the alternative of controlling the government or being controlled by it, those who have resources will buy power and influence, even if only in self-defense.

Supporters of the Affordable Care Act (ACA) say the court decision permits the favored employers to make health-care decisions for women. No it doesn't. It only prohibits women, unfortunately in only a narrow set of cases, from being able to use government to force their employers to pay for those decisions. When did we start equating the right to buy contraceptives—which hardly anyone disputes—with the power to compel others to pay? It is demagogic to insist that prohibiting the latter violates the former.

Read the whole thing.

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Monday, August 29, 2011

The Rehabilitation of Clarence Thomas' Reputation, On the Left

Writing at his American Interest blog, Walter Russell Mead reviews an article by Jeffrey Toobin in The New Yorker. Mead notes that the Toobin article is evidence that the left is beginning to respect, perhaps even fear, the intellect and jurisprudence of Clarence Thomas. It is fashionable on the left to mock him as an intellectual lightweight but in dismissing him in this way for all these years they have failed to pay attention to the fact that he has had quite an influence on the way the Supreme Court has looked at questions such as the meaning of the Second Amendment.

There are few articles of faith as firmly fixed in the liberal canon as the belief that Clarence Thomas is, to put it as bluntly as many liberals do, a dunce and a worm. Twenty years of married life have not erased the conventional liberal view of his character etched by Anita Hill’s testimony at his confirmation hearings. Not only does the liberal mind perceive him as a disgusting lump of ungoverned sexual impulse; he is seen as an intellectual cipher. Thomas’ silence during oral argument before the Supreme Court is taken as obvious evidence that he has nothing to say and is perhaps a bit intimidated by the verbal fireworks exchanged by the high profile lawyers and his more, ahem, ‘qualified’ colleagues.
Read the whole thing.

(via Instapundit)
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