Thursday, October 7

So Just Overrule Wickard Already.

Mistakes happen, and to my law student mind, that stuck out as one of the Court's most inconsistent, poorly reasoned decisions.* Over-reaching for the conclusion you want -- in wartime nonetheless -- nevermind precedent.

I think I referred to it as the infamous Wickard in a Con Law paper once, drawing a word circle with a big question mark from the prof. No editorializing on law school papers -- strict rulebook styles to follow and all.

* A bit like Roe really which, even if you breathe a sigh of relief at the outcome, had to rely on penumbric reasoning to get there. Not a good sign.