Joe Doakes from Como Park emails:
Interesting explanation of what’s wrong with Commerce Clause case-law precedent, written in a way that even I can understand the problem.
TL;dr version: the basic idea was sound but it’s been stretched out of shape to suit passing fads.
And that’s what’s wrong with this ruling by the appeals court in an Oregon baker case. The court assumed the stretched-to-fit Commerce Clause interpretation was correct, so the anti-discrimination law protecting gays was valid, and therefore the baker was subject to that general law. Having made the fatal assumption, the court was able to conclude the baker was not targeted for his religious beliefs. Yes, but if the underlying assumption is wrong, then the baker’s First Amendment religious freedom should trump the federal government’s interest in regulating people who produce goods that could conceivably travel in interstate commerce.
I know, it’s complicated. We all prefer simple soundbites. But this is worth the effort to understand. And Williamson does a good job helping with that.
The greatest achievement of the Establishment was convincing everyone that government is so complex, only government people could do it.
I had to indulge in Schadenfreud.
But I”m going to make a gleeful exception in this case; the Sexual Cultural Revolution has pulled its tumbrel up in front of MSNBC, and the Red Guards are looking for…
…uberliberal chanting point bot Chris Matthews:
Two former NBC producers independently alleged Matthews would rate the looks of his female guests on a scale and said Matthews was so abusive that staff joked about being battered women. The interviews in total paint Matthews as a tyrant liable to fly off the handle at the slightest mistake, who was eager to objectify women and made inappropriate sexual comments appear to be a matter of course for someone in his position.
Liberal Men with Power: “Rules Are For Mortals”.
Anyway – while I don’t like Schadenfreiud, watching Christ Matthews hoisted by the cultural petard he’s spent the last decade cheerleading for will be glorious.