Monday, December 21, 2009

Is the Reid Bill is Unconstitutional?

I was talking to my friend and fellow blogger Matt James about this very subject last night. Sure enough, along comes Richard Epstein, one of the most impressive legal scholars in America to make the case that the Senate bill has serious Constitutional flaws.

His crituique is thoughtful, well reasoned and in my opinon clearly wrong. Professor Epstein makes a devestating argument that Reid's bill borders on the profoundly stupid. Fair enough as far as it goes. But I think his application of Duquesne Light Co. v. Barasch, 488 U.S. 299 (1988) to the instant matter is badly flawed.

We remain in my view, free to drive our economy off a cliff. The Supreme Court won't save us.

The article is here.

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