Civically Valuable Performance Art Courtesy of the Supreme Court
During Tuesday’s oral arguments over Obamacare, Supreme Court Justices Clarence Thomas and Stephen Breyer apparently teamed up to pay tribute to the old adage, attributed to Abraham Lincoln and Mark Twain amongst others, that it is “better to remain silent and be thought a fool than to speak out and remove all doubt”.
Justice Thomas has attained a degree of notoriety over his career for not asking questions during Supreme Court oral arguments. Tuesday was not an exception.
And here’s a part of what Justice Breyer had to say about the US Constitution’s Commerce Clause, transcripted by Conn Carroll of the Washington Examiner…
I say, hey, can’t Congress make people drive faster than 45 — 40 miles an hour on a road? Didn’t they make that man growing his own wheat go into the market and buy other wheat for his — for his cows? Didn’t they make Mrs. — if she married somebody who had marijuana in her basement, wouldn’t she have to go and get rid of it? Affirmative action?Carroll’s blog post includes a longer excerpt from Justice Breyer, a decrypting of what he was trying to say, and an explanation of his legal errors.