The Superfeed
The Ricochet Podcast3 Whisky Happy HourBeyond the PollsGLoP CultureFederalist Radio HourDaily SignalThe Erick Erickson ShowThe LibertarianThe Kevin Roberts Show with Larry O’ConnorChicks on The Right3 Martini LunchThe Learning CurveThe Conservative Woman’s GuideThe American IdeaHeritage ExplainsLaw Talk with Epstein, Yoo & CookeNot Dead YetGiving VenturesThe Radio Free Hillsdale HourCall Me Back - with Dan SenorHillsdale DialoguesThe Glenn ShowGray MattersFirst Things PodcastThe Report Card with Nat MalkusWhat the Hell Is Going OnParsing Immigration PolicyFreedom to LearnMadison’s NotesMom WarsConservative Crossroads with Henry OlsenWho Funds that?The Back of the BookMartini ShotThe Dave Carter ShowThe Powerline ShowIn DissentHeard at HeritageSmart Girl PoliticsJames Lileks’ The DinerCase in Point: The Legal Show on the Hottest Legal Cases in Politics and CultureJobMakersOne on One with Robert DoarHubwonk
HostsOrganizations

Become a member.Become a Ricochet member.

Looking for better conservative conversation? Join Ricochet for just $5/month. Think of it as your neighborhood bar: familiar faces, lively debate, and room for a different point of view. Plus: listen to most of our podcasts ad-free.

  1. Podcasts/
  2. 3 Whisky Happy Hour/
  3. Here Comes Da Judge!
July 8, 2018
3 Whisky Happy Hour•July 8, 2018Ricochet

Here Comes Da Judge!

Subscribe to 3 Whisky Happy HourSubscribe

With the ascent of "democratic socialism" in the Democratic party and a Supreme Court confirmation fight commencing this week, Steve Hayward checks in for the latest on how this may play out in the midterm election with Henry Olsen, and also introduces us to a new special, anonymous (and soon to be regular) mystery guest, "Professor X." She teaches at a major public university, and argues that we aren't arguing broadly enough about what is wrong with the Supreme Court these days. (Bonus: we also talk guns and shooting!)

Hosted by Steve Hayward, with guests Henry Olsen and "Lucretia"

Discussion (3)

Sign in to commentSign in
  • CHARTER MEMBER

    To read this bio, please join Ricochet.

    Don Tillman@DonTillman·8y
  • To read this bio, please join Ricochet.

    LibertyDefender@LibertyDefender·8y

    I'm not as sanguine as "Professor X" about the Supreme Court's usurpation of the power of judicial review in Marbury v. Madison. If it's so clearly the Supreme Court's jurisdiction, why wasn't it explicitly mentioned in the Constitution?

    However, if we stipulate that the Supreme Court has the power to declare laws unconstitutional, then I don't understand how the Roberts-rewritten ObamaCare statute could possibly withstand judicial review.

    All bills for raising revenue shall originate in the House of Representatives

    --U.S. Constitution, Article I, Section 7

    As Steve Hayward and Professor X discussed, the Roberts rewriting of the Patient Protection and Affordable Care Act (PPACA - known colloquially as ObamaCare) explicitly characterized the individual mandate's penalty as a tax. No party in the lawsuit challenging the law contended that the penalty was a tax. Chief Justice Roberts must take full ownership of that fiction. But furthermore, no one disputes that the PPACA originated in the Senate. Recall that Scott Brown had been elected Senator on a promise to be the 51st vote against ObamaCare, so the Senate could not take up any bill from the House. The conference bill was passed by Congress using the procedural prestidigitation known as "reconciliation."

    This is yet another reason I'm unhappy with the establishment Republicans, who deserve (and could learn much from) Trump. It should have been a simple and reflexive matter for the Republicans in Congress to back a lawsuit challenging the constitutionality of the Roberts-rewritten PPACA for its clear violation of Article I, Section 7.

  • T

    To read this bio, please join Ricochet.

    Taras@Taras·8y

    The Constitutional “ratchet”, whereby liberal Courts rewrite the Constitution as they please and conservative Courts never reverse the liberal innovations, is why Trump’s victory was so important. And why Max Bootish schemes of destroying the Republicans “in order to save them” are ... meshuge.

Trending

Become a member.

Tired of the toxicity of social media? Why not join Ricochet for just $5/month? Think of it as an online bar. Come in, have a drink, hang out, say whatever you want. But don’t badger, bully, or berate the other drinkers. That's our only rule.

Join Ricochet

Get the Ricochet app

Download on the App StoreGet it on Google Play
  • •
  • •