Law Professors And The ObamaCare Lawsuits

Why did they get it so wrong?

Almost without exception, law professors dismissed the possibility that the Patient Protection and Affordable Act Act (“PPACA”) might be unconstitutional — but something went wrong on the way to the courthouse. What explains the epic failure of law professors to accurately predict how Article III judges would handle the case? After considering three possible defenses/justifications, this essay identifies five factors that help explain the erroneous predictions of our nation’s elite law professors, who were badly wrong, but never in doubt.

It’s because they live in a leftist ivory-tower academic cocoon, where their idiosyncratic theories are rarely challenged or tested, until they collide with the real world, as they did with SCOTUS.

[Via Nick Rosenkranz]

The Frontier

Ross Douthat wonders what happened to it:

Go back and read the science fiction of the 1940s and ’50s, and you’ll be struck by the vaulting confidence that this expansion would continue upward and outward, and that a new age of exploration was just waiting to be born.

Today that confidence has vanished. Our Mars rovers are impressive and our billionaires keep pouring money into private spaceflight, but neither project captures the public’s imagination, and the very term “Space Age” seems antique. The Kepler 62 discovery might have earned more headlines at a less horrific moment, but it would have fallen out of the news soon enough.

It’s possible that we’re less interested in space travel because we feel that it’s a luxury good at a time when we have bigger problems here on Earth. But it’s also possible that we’ve gradually turned inward, to our smartphone screens and Facebook profiles, because we know that spaceflight isn’t going to get us to another world anytime soon.

Actually, if the latter is the case, “we” are too pessimistic, because we’re paying too much attention to NASA’s dysfunction, and not enough to what’s happening in the real world of spaceflight. I do think that the billionaires are capturing peoples’ attention, and as real things start to happen, they’ll do so much more.

Antares

Well, they had a nominal liftoff through first-stage separation. And they just separated the fairing (which has been a problem for OSC recently). Stage two has ignited.

[Update a few minutes later]

Well, it’s in orbit. Looks like everything went by the book. Congratulations to the OSC team.

When Professors Attack

I found this to be telling, and typical:

Should an organization that is largely composed of UNC professors be involved with participants in such a vicious political smear campaign as the one suggested by Blueprint N.C.? Perhaps it is within their legal rights, but the title “scholar” implies a higher standard than the down-and-dirty program planned by Blueprint.

To be a “scholar” means to adhere to a high level of objectivity. It also suggests that one uses terms with precise meaning. But there was little objectivity or precision at the Duke event, and given the lack of professionalism exhibited by some of its leaders, Scholars for a Progressive North Carolina and Blueprint NC are a natural pairing.

In one instance, UNC-Greensboro history professor Lisa Levenstein described Republicans as “ideology-driven” whereas liberals are “not driven by ideology” but are instead motivated by “the common good.” This is intentionally misleading and false; the liberal concept of “common good” in itself implies an ideology of sorts. (Unless of course, she does not comprehend the meaning of “ideology,” which would be cause for great concern about her ability to teach history at the university level.)

My emphasis. This is the century-old Leftist trope/tripe that they are “pragmatic” while those who disagree with them are “ideological,” and of course, ideology is bad (except, apparently, when it masquerades as a religion that justifies suicide bombings). I’ve been meaning to write a piece about the irony that the people actually had a choice last fall between an ideologue who claimed to be a pragmatic empiricist, and someone who had no actual political principles, but just wanted to be president and try to make the country actually work better. They went for the ideologue.

Low Fat, High Carb

I’m sure that this is just a coincidence:

It’s an interesting coincidence that this increase in obesity started roughly at the same time that the U.S. government started to advocate low-fat, high-carb diets. I remember that period pretty clearly, because I thought it was wonderful. Entenmann’s came out with no-fat pastries — the no-fat cherry coffeecake was one of my favorites — I could eat as much rice as I wanted, pasta was good and more pasta was better, as long as you didn’t use butter because of the evil saturated fat and cholesterol. But margarine, rich in transfats made by hydrogenating corn oil, was much better.

I remember that period clearly, too. It was during that time, after my father’s first heart attack at age 44, that the health gurus told him to go low-fat and eat more grains. Ten years later, he had another one, from which he died a month later. I blame the FDA/nutrition-industrial complex for his death (though it didn’t help that he smoked and had grown up on bagels, knishes and potatoes). And I find it particularly galling when idiots think that it’s anti-science to not buy the health-destroying junk science of the conventional wisdom, when the actual science indicates that it’s killing us.

[Update a couple minutes later]

In reading the Yglesias piece, it’s worth pointing out the flaw in the logic. No one is claiming that humans aren’t capable of rapidly evolving to accommodate dietary changes. That’s a straw man.

The issue is whether or not there is any evolutionary pressure for us to evolve to be healthy with a modern big-agro diet. In short, there is not. If you’re lactose intolerant in a dairy-based society, you’re unlikely to thrive or reproduce. But when it comes to grains, people do just fine on such diets when young, in terms of reaching reproductive age and rearing kids. The bad effects hit us generally later in life, when our genes no longer care (yes, I’m anthropomorphizing, but you know what I mean) whether we live or die, or are healthy or ill. So we go on, generation after generation, continuing to eat crap that’s bad for us, and our bodies not bothering to adapt.

“If It Saves Just One Life”

I agree with this take on how the terrorists won in Boston. This sort of irrational risk aversion is the theme of my book. “Safe” is never an option, in any absolute sense. In order to prevent a potential death of a citizen, the authorities shut the whole town down, costing hundreds of millions of dollars to the local (and probably national) economy. The whole town, that is, except for the Duncan Donuts shops. Which, as he says, really tells you everything you need to know. It was security theater, just like TSA.

George W. Bush

…and the historians’ rush to judgment:

The animus that scholars have directed toward Bush has at times made a mockery of the principle of academic objectivity. At the annual meeting of the American Historical Association in January 2009, a panel on the Bush-Cheney years organized by a group called Historians Against the War featured scholars from Columbia, Yale, Trinity College, New York University and Yeshiva University. They compared the Bush “regime’s” security practices to those of Joseph McCarthy and various “war criminals.” The cover illustration of the roundtable’s report showed Bush and his vice president, Dick Cheney, seated on a pile of human skulls.

All of this overheated rhetoric and fear-mongering has come from academics who profess to live the life of the mind. In their hasty, partisan-tinged assessments of Bush, far too many scholars breached their professional obligations, engaging in a form of scholarly malpractice, by failing to do what historians are trained to do before pronouncing judgment on a presidency: conduct tedious archival research, undertake oral history interviews, plow through memoirs, interview foreign leaders and wait for the release of classified information.

I was no big fan of George Bush, but he was better than the available alternatives, and the fact that these hacks and mediocrities have such irrational hatred for him only increases my own respect for him. He must have done something right to get their leftist panties in such a twist.

Paper Tigers

I was thinking about going to Anaheim this weekend to see Detroit play the Angels, but I’m sure glad I didn’t go today. I just turned on the game, and saw that they were down 9-0 in the bottom of the first inning Must have been a real pitching collapse. And not much hope for a comeback, given how lousy they’ve been hitting recently.

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