Understanding the ACA Arguments
mae.kuykendall at law.msu.edu
Thu Mar 29 19:51:51 PDT 2012
I don't have time to do research on the history of broccoli in legal discourse, either, but I had never heard about it in legal or political theory before. Its most prominent previous mention was that George H.W.Bush doesn't like it. He said: "I do not like broccoli. And I haven't liked it since I was a little kid and my mother made me eat it. And I'm President of the United States and I'm not going to eat any more broccoli."
I concede that President Bush 41 does not have legal training. Nonetheless, he may deserve credit for the broccoli trope in legal discourse at the highest level.
>>> Richard Dougherty <doughr at udallas.edu> 3/29/2012 10:41 PM >>>
Actually, I think that it worked the other way around; the Tea Party picked up the legal debate (or at least political debate) that had already focused on it. Don't have time to look it up, though... (So, I'm not off the hook, but I'll do it later).
On Thu, Mar 29, 2012 at 9:01 PM, Mae Kuykendall <mae.kuykendall at law.msu.edu> wrote:
Quoting Charles Fried: "I was appalled to see that at least a couple of them were repeating the most tendentious of the Tea Party type arguments,” Fried said. “I even heard about broccoli. The whole broccoli argument is beneath contempt. To hear it come from the bench was depressing.”
Apparently Scalia, a judge often admired for a sharp intellect, virtually quoted arguments concocted and purveyed by Rush Limbaugh.
I share a sense of depression with my former contracts professor. mk
>>> Daniel Hoffman <guayiya at bellsouth.net> 3/29/2012 6:27 PM >>>
Some say it's revolutionary to let government order us to do something.
How about the "Reduce Speed" signs in the interstate?
Those don't even require a purchase, so how do they regulate commerce?
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