Liberty
Not a Bad Idea
The City of Asheville held its third goatscaping. Goats are more sustainable than inventions of the 21st-century because they emit less methane and are trained to uproot invasive species. It…
Wickard v. Filburn
United States Supreme Court case
Liberty
Reason’s Gillespie laments the state of the State
Nick Gillespie shares in The Daily Beast his concerns about the growth of the state, as exemplified by the latest National Security Agency scandal and the Obamacare rollout. Each of…
Law & Public Safety
That poor, wheat-growing farmer, just minding his own business
Regular readers in this forum might remember previous discussion of the 70-year-old U.S. Supreme Court case Wickard v. Filburn. The case crops up again in the latest issue of The…
Liberty
James Bovard explains the background to Wickard v. Filburn
James Bovard, a tireless foe of governmental folly, writes in this column about the history of that horrendous 1942 Supreme Court decision, Wickard v. Filburn. That case pushed the boundaries…
Liberty
The Constitution versus “constitutional law”
On American Thinker today, I write about the sad divergence between the actual Constitution and “constitutional law” — which is to say, Supreme Court decisions that declare what justices think…
Law & Public Safety
Sowell examines the expansion of the Commerce Clause’s reach
Thomas Sowell examines this week the dangerous lengths to which courts have extended the reach of the Constitution’s Commerce Clause. Over the years, “interstate commerce” became magic words to justify…
Liberty
Angel Raich opposes Obamacare
Amicus briefs are flowing into the Supreme Court ahead of oral arguments scheduled in the Obamacare case next month. Among them, as you can read here, is one supported by…
Health Care
IJ’s Mellor spells out the stakes of the ObamaCare case
The latest issue of Forbes features commentary from Chip Mellor, president and general counsel of the Institute for Justice, about the potential impact of the Supreme Court decision on ObamaCare.…
Liberty
Richard Epstein on Obamacare and the Commerce Clause
Law professor Richard Epstein here gives a lengthy analysis of Obamacare and the Commerce Clause. He concludes that if the justices hold to anything remotely like the original understanding of…
Liberty
The counter-attack against legal progressivism
Cato’s Roger Pilon writes here about George Will’s column today, in which he reviews a new book that defends one of the Supreme Court decisions that liberals hate most, Lochner…
Liberty
Re: Want to prop up a terrible law?
Indeed, Wickard v. Filburn is one of the worst decisions ever by the Supreme Court. By 1942, the Court was populated entirely by statists who were happy to see the…
Health Care
Want to prop up a terrible law? Use an awful precedent
In a split 2-1 decision, the Sixth U.S. Circuit Court of Appeals has upheld ObamaCare’s individual mandate, using Wickard v. Filburn to buttress its decision. Why is this significant? The…