You think you know a guy, until it comes out that you really don't. Here's Charles Fried, former Reagan administration solicitor general and professor of law at Harvard, on the health care bill: "I'm not sure it's good policy. I'm not sure it's going to make the country any better . . . But I am quite sure the health-care mandate is constitutional." Professor Fried defended the constitutionality of the law during a Senate hearing a few weeks back. (His testimony can be found here).
Two quick thoughts: First, I wonder whether those bloggers all bent out if shape about Tribe's and Amar's defense are similarly bent over this one. I cannot say I have seen it, though I must also say that I have not looked very hard.
Second, and for all of his careful analysis, note the one factor that Fried ultimately thinks will decide the case. In his words, he argues that the political climate at the time of the decision will be the "wildcard." More specifically, "How much of the political bug will these people get bitten by, and how strong will their immunity be?"
How refreshing.
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