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An article in the Washington Post today relates how Supreme Court justices are spending the early days of the latest session parsing the language of various statutes to determine the merits of the constitutional questions arising from them. One day, says Robert Barnes, author of the piece, the definition of “file” is debated; the next day it’s “unavoidable” that must be defined in constitutional context. Later in the week, the justices pepper counsel with questions over the interplay between verb and adverb in the phrase “necessarily implies.” On that point, Chief Justice John G. Roberts laments, “…the adverb points one way and the verb points another.”

The Tea Party clearly has the establishment in a panic. The latest evidence: "America's Holy Writ," a Newsweek article by Andrew Romano on the Tea Party’s supposedly confused approach to the Constitution.

After congressional efforts to repeal the military’s long-standing policy of “Don’t ask, don’t tell” have failed to clear Congress, a federal court has issued an injunction to suspend the policy. According to Judge Virginia Phillips of Federal District Court for the Central District of California, the policy “infringes the fundamental rights of United States service members and prospective service members.”

Late last week a federal judge ruled that according to the settled case law undergirding the jurisprudence of the Commerce Clause, the individual mandate of ObamaCare is constitutional.

“I don’t want people talking on phones, having them up to their ear or texting while they’re driving.” Thus spake Transportation Secretary Ray LaHood in an October 5 interview with Bloomberg News. So let it be written; so let it be done.

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