CEI Daily - Judge Vinson, Tolls, and Online Porn

 

Judge Vinson

 

Liberal journalists like Ezra Klein claim that the federal judge who ruled against Obamacare is engaging in extreme judicial activism.

 

Senior Counsel Hans Bader explains why the judge's decision has a sound legal basis.

 

"[Judge Vinson] struck down the entire law, not just the individual mandate [...] for two reasons. First, the law lacked a severability clause (a clause declaring that any unconstitutional provision should be severed from the law rather than striking down the law as a whole), even though such clauses are typically found in federal laws. Second, the individual mandate couldn’t logically be severed from the rest of the law, since Congress deemed it essential to the law’s overarching goals, and it was intertwined with the law’s other provisions."

 

 

Tolls

 

Several stretches of road that were to be converted to toll roads now will not be, thanks to anti-toll lobbying.

 

Policy Analyst Marc Scribner criticizes groups who fought against the move to tolls. 

 

"Foolish opposition to tolling runs across the ideological spectrum among those with little understanding of how to actually improve transportation. This past summer, the right-wing Washington Times published an editorial on the subject and actually lamented the fact that generally wealthy, long-distance commuters from Spotsylvania County would be charged for premium high-speed freeway use. The humanity!"

 

 

Online Porn

 

Judges have ruled against Kevin Cammarata of Los Angeles, who had brought a suit against websites that offered free porn on the grounds that the the sites were guilty of predatory pricing.

 

Policy Analyst Michelle Minton explains the decision.

 

"Luckily, the judges on the panel did not agree with Cammarata’s assertion. [...] Not only did the judges find the free porn business model was fair and competitive, but they also defended free online pornography by categorizing it as protected speech."