Tuesday, December 14, 2010

Michael Dorf On Judge Hudson's Poor Reasoning

Over at Dorf on the Law, Cornell Constitutional Law Professor Micheal Dorf slams Judge Henry E. Hudson's shoddy reasoning in Virginia v. Sebelius, describing Hudson's reasoning as not merely mistaken, but "profoundly mistaken." As Professor Dorf describes it, instead of even attempting to provide some "functional explanation why regulation of economic inactivity is beyond the scope of Congressional power" Hudson instead relies "on the language of the earlier cases taken out of context."

Ouch.

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