Friday, December 17, 2010

Mazzone op-ed

Jason Mazzone (Brooklyn Law School) has a well written op-ed in today's edition of the New York Times that is worth a read. In short, he defends Judge Hudson's decision on the grounds that (a) there must be some judicially enforceable limit to the breadth of the commerce power (Lopez and Morrison mean at least this, if nothing else); and (b) limiting Congress to regulating "activities" is just as plausible, judicially manageable, and grounded in legal tradition (as evidenced by the distinction's salience in criminal and tort law) as any other we might dream up.