We were going to write "argue" rather than "claim," but we think that may be too generous. Neither article is a serious piece of legal analysis, because both professors simply refuse to take seriously the legal arguments on the other side, even after those arguments have been accepted by two federal trial judges. Rather than grapple with a novel legal issue in a serious scholarly way, it's as if they stick their fingers in their ears and sing "Law law law law law."
Amar's piece is just insulting. He opens by declaring: "My students understand the Constitution better than the judge," and closes by likening Vinson's order to (we're not kidding) the infamous Dred Scott case: "In 1857, another judge named Roger distorted the Constitution, disregarded precedent, disrespected Congress and proclaimed that the basic platform of one of America's two major political parties was unconstitutional."
As for Tribe, his aim is to reassure New York Times readers that the Supreme Court will uphold ObamaCare:
The predictions of a partisan 5-4 split rest on a misunderstanding of the court and the Constitution. The constitutionality of the health care law is not one of those novel, one-off issues, like the outcome of the 2000 presidential election, that have at times created the impression of Supreme Court justices as political actors rather than legal analysts.
In fact, the issue that will ultimately come before the court--whether the ObamaCare provision compelling individuals to purchase medical insurance--is a legitimate exercise of Congress's power "to regulate Commerce . . . among the several States"--is novel.
James Taranto of the WSJ continues to beat these two criminals with a job about the head and shoulders wonderfully, and read the link to get the full flavor of how stupid the Arab/Jew NYT crapshooters are.
Ann Althouse has THREE posts dissing these two dorkwads and their BS---she is a credit to Wisconsin, my native state which has finally left the ranks of serial criminal and now will not even do any preliminary preparations for the ACA, AKA ObamaCare.
GO PACK GO!!!