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March 14, 2010


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Wait, for the last week we have been hearing that one should strictly, never, ever, infer someone's political views from his voluntary association with odious clients and their activities. But all of a sudden it is perfectly OK to infer Clarence Thomas' political views based on the activities of his spouse?

One response might be that we have every confidence that Thomas really is conservative and sympathetic with the political goals of Liberty Central; whereas few serious people think the DOJ lawyers actually are sympathetic with the goals of al-Qaeda. But we knew that without this guilt-by-association logic in both cases. We can tell Thomas is sympathetic to Republicans just by Bush v Gore.

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Since the 1930s the Supreme Court of the United States has interpreted the Commerce Clause of the Constitution of the United States in an expansive way that has dramatically expanded the scope of federal power

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