Letters to the Editor

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HEALTH: Scholars’ opinions aren’t credible

Letter by Timothy F. Fikse, Tacoma on June 25, 2012 at 2:48 pm with 1 Comment »
June 26, 2012 12:00 pm

Re: “Scholars on health care act: Legal, but . . .” (TNT, 6-23).

The article touting the opinions of legal scholars towards the constitutionality of President Obama’s national health care act lacked objectivity and credibility.

First of all, there is no evidence provided that the opinions of the 21 scholars cited in the story objectively represent legal scholarship about the Commerce Clause of the U.S. Constitution.

Once that fact is considered, the statements about not only the constitutionality of the law but also the political impacts of the court’s decision are suspect.

I was most troubled by the way that legal precedents were simply implied in the article. It seems rather condescending to me that the writer expects readers to blindly accept legal precedents that he doesn’t even identify. Isn’t the acceptance or rejection of actual cases as relevant precedents the crux of the whole argument?

If the News Tribune’s intention is to publish for readers who are dense enough to accept what is essentially an opinion piece without actual evidence and argument, it has succeeded.

Leave a comment Comments → 1
  1. Interesting perspective, as it requires one have actual knowledge of past legal precedence. It is much easier to assume “fairness,” and/or “common sense” is the same as precedence.

    I ran into this while arguing with a friend about the Heller v. U.S. gun rights case. In this case, the court decided the Second Amendment applied to individual citizens, not just a grouping called “the miliita.” In his argument, he declared “this decision goes against all precedence of past court decisions.”

    As there has never been a U.S. Supreme Court level decision that stated the Second Amendment *did not* apply to individuals, there of course was no legal precedence prior to Heller V. U.S. My friend was simply injecting his opinion into what he believed to be “right.”


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