Len Niehoff is Professor from Practice at the University of Michigan Law School, where he teaches courses in civil procedure, ethics, evidence, and media law, and seminars in appellate advocacy and law & theology. He is also Of Counsel to the Honigman law firm. The opinions expressed here are his own.

Monday, February 7, 2011

Roger That

Last Sunday, the Los Angeles Times published an intriguing op-ed by Akhil Reed Amar critiquing federal District Judge Roger Vinson's decision holding "Obamacare" unconstitutional. You can find the article here.

Professor Amar concludes by comparing Judge Vinson's misunderstanding of constitutional first principles with that of "another judge named Roger"--Supreme Court Justice Roger Taney, the author of the infamous Dred Scott decision.

I am not persuaded that the curiously undisciplined and bewilderingly confused opinion of an isolated federal district court judge ranks with Dred Scott in whatever scale we use to measure magnitudes of evil. But the article has considerable rhetorical force and is a fun read.

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