Tuesday, July 01, 2008

SCOTUS SUCKUS

E. J. sez:
The Court vs. Voters: "The spate of 5 to 4 conservative decisions during the Supreme Court term just ended should stand as a warning that we may soon revisit the fights of 70 years ago. Yet almost nobody is talking about this danger. To the extent that judges have been a campaign issue in recent elections, the focus has been on a few hot-button issues, notably abortion. After last week's decision in the sharply contested Second Amendment case, perhaps gun rights will join the list.

But the more important question is whether conservative judges will see fit to do exactly what conservative courts did for much of the New Deal era by using a narrow, 19th-century definition of property rights to void progressive economic, environmental and labor regulation."
It's true, this is important, but nobody's talking about it. Except for me. I talk about it all the time! I should have a TV show.

1 comment:

Charles Fulton said...

I think he meant the pesky Commerce Clause, or the specific enumeration of powers. Regardless, I feel obliged to stand with Rehnquist on this one (ack): if Congress can create a gun-free zone, then it can do anything, but given specific enumeration of powers this cannot be the case.

Jonathan Adler (at Volokh) is skeptical.