A Law Can Be Both Economic Folly

The Death Penalty? Give Me A Break. It's Easy. Abortion? Absolutely Easy. Nobody Ever Thought The Constitution Prevented Restrictions On Abortion. Homosexual Sodomy? Come On. For 200 Years, It Was Criminal In Every State.

Justice White's Conclusion Is Perhaps Correct, If One Assumes That The Task Of A Court Of Law Is To Plumb The Intent Of The Particular Congress That Enacted A Particular Provision. That Methodology Is Not Mine Nor, I Think, The One That Courts Have Traditionally Followed. It Is Our Task, As I See It, Not To Enter The Minds Of The Members Of Congress - Who Need Have Nothing In Mind In Order For Their Votes To Be Both Lawful And Effective - But Rather To Give Fair And Reasonable Meaning To The Text Of The United States Code, Adopted By Various Congresses At Various Times.

Persuade Your Fellow Citizens It's A Good Idea And Pass A Law. That's What Democracy Is All About. It's Not About Nine Superannuated Judges Who Have Been There Too Long, Imposing These Demands On Society.

You Could Have 50 Different States Having 50 Different Regulations... Until They Were All Litigated Out.

The Court's Decision Reflects The Philosophy That Judges Should Endure Whatever Interpretive Distortions It Takes In Order To Correct A Supposed Flaw In The Statutory Machinery. That Philosophy Ignores The American People's Decision To Give Congress '[a]ll Legislative Powers' Enumerated In The Constitution. They Made Congress, Not This Court, Responsible For Both Making Laws And Mending Them.