Monthly Archives: March 2012

How would Justice Holmes vote on health care?

As the Supreme Court begins its second day of oral arguments on the national health-care law, I’m reflecting back to Holmes’ famous dissent in Lochner v. New York. The majority in that infamous decision ruled that a constitutional “right to … Continue reading

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Free speech and costly cancer sticks

Hard cases, observed Oliver Wendell Holmes, make bad law. With all due respect for the eminent jurist, I think he had it backward. Often, it’s good laws that make hard cases.

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