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June 23, 2005

OUR STATIST SUPREME COURT STRIKES AGAIN: They've had quite a run lately.

UPDATE: In my stack of reprints-by-mail at the office is one from Lino Graglia with this already-obsolete title: "Lawrence v. Texas: Our Philosopher-Kings Adopt Libertarianism as Our Official National Philosophy and Reject Traditional Morality as a Basis for Law."

Not so much. They may be rejecting traditional morality -- if "a man's home is his castle" counts as traditional morality -- but they certainly aren't close to adopting libertarianism as our "official national philosophy." Quite the contrary.

Professor Bainbridge: "So much for private property rights."

Blake Wylie is rounding up some other reactions.

David Bernstein:

[C]onsider the lineup in Raich and Kelo. Then consider the legal gymnastics it takes to consider local medical pot part of "interstate commerce," and to consider taking people's home and giving them to Pfizer a "public use" in the face of two hundred years of precedent that A to B transfers are illegitimate.

I'm unimpressed with this term of the Court.

ANOTHER UPDATE: Here's an even bigger roundup of reactions. Lots of people are unhappy.