Discussion of unconstitutionality in the coercion finding re: Medicaid, in the health care law.

Major limits on the Congress’s powers, in an opinion worthy of John Marshall : SCOTUSblog

The ACA decision

Well, the ACA was decided on this week and the forces of truth, justice and 'I've got mine,' that would include me, lost. I was pleased to have come close to having predicted it at Volokh, cf. commenter 'ride_it_like_you_find_it' (1,2). And actually I am impressed with the reasoning. TNC at the Atlantic links to a past post on Roberts, his quest to be a collegial chief justice, seeing that that is important in being most successful there. I think there is something more broadly collegial here that perhaps to el jefe is important.

I recall as a child riding through Wyoming, being nowhere, going nowhere, and a big, big billboard appears, "Impeach Earl Warren." Now let's stipulate that Brown v Board was rightly decided but then we get down to District Court Judge Taylor in Dallas deciding on a desegregation plan that has a chance at integrating the schools, and there is a legal opportunity to drive a more drastic decision at the 5th Circuit and voila, DISD is now 10% white, the schools struggle. Maybe winning your discord in court isn't the best solution. Chief Justice Roberts pointed out 'It is not our job to protect the people from the consequences of their political choices.' Maybe it would be better to find or accept a collegial or democratic solution.

1. http://www.volokh.com/2012/06/27/predictions-on-the-health-care-cases/#comment-569657104

2. http://www.volokh.com/2012/06/19/foolishly-reading-the-tea-leaves-of-justice-ginsburgs-speech-at-the-acs/#comment-562509311

The immigration issue hurts Romney

Obama favored more among Hispanics after last weeks announcement, looks like he might be up, generally by 8-10% in 12 swing states.

Lost links

Liberal Chick, Jane Galt / Asymmetrical Information, The Dissident

Yoo Hoo, Iranians!

Trumpeting secrets about el jefe being de riguer, I'm like on board! Dowd reveals

Maraniss’s bookdepicts Obama on an intense odyssey of self-discovery, moving toward defining himself less as a half-white man with white girlfriends than as a black man who wanted to be part of a black community. His New York girlfriend, Genevieve Cook, told Maraniss that Obama confessed to her that “he felt like an impostor. Because he was so white. There was hardly a black bone in his body.” When she predicted that his future might be with a black woman — “That lithe, bubbly, strong black lady is waiting somewhere!” she wrote in her journal — he told her “he doubted there were any black women he would feel truly comfortable with. I would tell him, ‘No, she is out there.’ ”

Being black since like 50 years ago is hip; make that 80 years ago if you're like Jewish in Philadelphia. So you have a kid graced with 'black like me' features raised by white people who has gotten to the top by adopting some of the manner.

In a discussion about the rivalry of Fort Worth with Dallas I recalled Dallas Public and Private: Aspects of an American City about Dallas before the Kennedy assassination, not so much an indictment as a period piece, a snapshot, which is quite good, motivated by the event. That led to events in Dallas and the September 11, 2011 Symphony performance of Brahms Piano Concerto no. 1 followed by Prokofiev's Symphony no. 5. On meeting the conductor later I told him that the Brahms seemed to mirror the German Way of Warof initiative and maneuver and the Prokofiev the Russian response. He seemed to indicate 'but of course.'

A Contemporary Discussion

As discussed in Volokh, the idea of homosexual marriage may presuppose that same or opposite sex object choice is a difference without further psychological implication. However it may be that homosexual object choice is a degree of narcissistic object choice which conveys more ego risks than a heterosexual choice. For instance there nay be a greater risk of guilt projected on to the object which leads to instances such as that of the gay porn star cited in Drudge today*, someone who chopped up another man and mailed his body parts. Certainly, some people psychologically may not have a choice in object and may be quite stable but encouraging viewing the choices as immaterial may be unfortunate for others. There are assumptions you are making as lawyers which are reductionistic necessarily.