Two weeks ago, the Supreme Court rejected the government's tortured logic on the grounds that what matters isn't a foreign government's characterization of a tax but how the tax applies and whether it would be an income tax if enacted in the U.S.
These cases have nothing in common, other than the government's view that federal power is virtually unlimited: Citizens must subsume their liberty to whatever the experts in a given field determine the best or most useful policy to be.
If the government can't get even one of the liberal justices to agree with it on any of these unrelated cases, it should realize there's something seriously wrong with its constitutional vision.
(Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review.)
http://www.bloomberg.com/news/2013-06-06/why-obama-keeps-losing-at-the-supreme-court.html
Thank goodness that he has at least lost some.
These cases have nothing in common, other than the government's view that federal power is virtually unlimited: Citizens must subsume their liberty to whatever the experts in a given field determine the best or most useful policy to be.
If the government can't get even one of the liberal justices to agree with it on any of these unrelated cases, it should realize there's something seriously wrong with its constitutional vision.
(Ilya Shapiro is a senior fellow in constitutional studies at the Cato Institute and editor-in-chief of the Cato Supreme Court Review.)
http://www.bloomberg.com/news/2013-06-06/why-obama-keeps-losing-at-the-supreme-court.html
Thank goodness that he has at least lost some.
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