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Objection Sustained

The trouble with lawyers begins in the law schools.

Mar 28, 2011, Vol. 16, No. 27 • By GEORGE LEEF
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Schools for Misrule
Legal Academia and an Overlawyered America
by Walter Olson
Encounter, 296 pp., $25.95

Objection Sustained

Following Judge Roger Vinson’s decision that Obamacare exceeded the powers granted to Congress and was therefore void, the White House released a statement denouncing the ruling as “odd and unconventional.” But why should it be considered odd and unconventional for a federal judge to read the language of the Constitution, consider its history, and then rule that a law cannot be enforced because Congress had no authority to enact it? Isn’t that standard procedure?

After reading Schools for Misrule you will understand perfectly. At most law schools—and emphatically at elite ones such as Obama’s Harvard—students are immersed in a bath of statist theories that rationalize ever-expanding government control over nearly every aspect of life. They hear that social progress depends on politicians and judges dictating what people must do (such as purchasing federally approved health insurance) and must not do (such as using incandescent light bulbs). They learn that the concepts of limited government and federalism are outmoded antiques that merely defend unjust privilege. So to many law school graduates, Judge Vinson’s opinion is odd and unconventional: It runs contrary to everything they were taught about the Constitution and how judges should interpret it.

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