About that health care debate….

From the “That was then – This is now” department.  Here’s an interesting observation from Orin Kerr, Professor of Law,  George Washington University.  (emphasis mine)

” If the Court does end up striking down the mandate, this will be the second consecutive presidency in which the Supreme Court imposed significant limits on the primary agenda of the sitting President in ways that were unexpected based on precedents at the time the President acted. Last time around, it was President Bush and the War on Terror. The President relied on precedents like Johnson v. Eisentrager in setting up Gitmo. But when the Court was called on to review this key aspect of the President’s strategy for the War on Terror, the Court maneuvered around Eisentrager and imposed new limits on the executive branch in cases like Rasul v. Bush and Boumediene v. Bush. The President’s opponents heralded the Court’s new decisions as the restoration of the rule of law and the application of profound constitutional principle. Meanwhile, the President’s allies condemned the decisions as the products of unbridled judicial activism from a political court. If the mandate gets struck down, we’ll get a replay with the politics reversed. Just substitute Obama for Bush, health care reform for the War on Terror, the individual mandate for Gitmo, and Wickard for Eisentrager.”

This time last week most pundits assured us that it was a slam dunk for the administration that the health care bill would be supported by the Supreme Court.  We were told that even the conservative judges would see that the commerce clause of the constitution would allow the individual mandate to stay in place.  Now, after two days of deliberations down with one more to go, it’s no longer assured.  Talk about a roller coaster ride….


Hiking and thinking….

Without a doubt I’m happiest when I’m away from the city.  Away from the pavement.  Away from the stress of constantly being surrounded by crowds.  Away from smelling fast food in the air.   Away from the constant background noise of sirens, traffic and construction.  In place of those I choose dirt roads or trails.  I choose quiet.  I choose having only the company of my wife.   I choose the smell of clean air, pinon pine and wildflowers on the wind.  I’m sure lots of folks do, or would do, the same when given the chance.  But that doesn’t mean that I want a disconnect from the goings on around me.  Quite the contrary, it seems to have made me more aware of my stances on many topics.  It’s not necessarily that my views have changed.  More than likely it’s just that, as I feel more and more independent and free, the more I take note of how easily independence and freedom can be infringed upon.  Funny how the frustrations of society can drive me nuts and yet as I hike or drive a backroad I catch myself contemplating the issue of the day and wondering how to make sense of it all.  Can I combine my love of the outdoors and freedom with my love and concern for my country and way of life on a blog?  Maybe… maybe not.  I’ll even throw in some hot sports opinions on occasion.   If you’ve stumbled onto this site I hope you’ll put in your two cents even if you disagree.