- Ben Smith catches a conservative attorney revealing just how unseriously many of the Affordable Care Act’s opponents take the Constitution:
We aren’t being asked to radically revise the Commerce Clause and throw out seven decades of law, and we won’t. But we know the founders never intended the Commerce Clause to allow the Federal Government to regulate everything on the planet. So we are going to accept Randy Barnett’s basically spurious exception to that basically spurious idea, and throw out the Affordable Care Act on the grounds that the Commerce Clause regulates “activity” (which we don’t really believe), but not “inactivity” (because, why not draw the line somewhere?).
- Mitt Romney will take a break from “small varmint” hunting to address the National Rifle Association.
- Meanwhile, the Louisiana Senate approved a constitutional amendment which will likely give that state the most permissive gun laws in the nation.
- The conservative DC Circuit is set to review the fate of the FDA’s graphic tobacco labels. The same labels were recently upheld by the Sixth Circuit, all but guaranteeing that the case will be taken up by the Supreme Court if the generally pro-corporate DC Circuit sides with the tobacco industry here.
- Garrett Epps writes a delightfully cathartic letter to Judge Jerry Smith, the Republican judge who pitched an anti-Obama tantrum during a court hearing last week.
- Oklahoma is poised to be the first state to enact an anti-abortion, anti-contraception “personhood” bill.