Thursday, April 19, 2007

So, do I pay up?

Last February, your host made the following foolish bet with Scott Lemieux

Sure. A bottle of Canadian wine: you name the vintage. I win if a majority strike some or all of the statute down on federalism grounds. You win if a majority say the statute is within the Commerce power. Nobody wins if they avoid it because there is still a majority for Carhart (I don't think there is, but you don't seem to either.)

The SCOTUS ruled yesterday dismissing the challenge to the Federal "Partial Birth" Abortion statute. Clearly, therefore, I don't win, but it isn't quite so clear whether I lose. Ilya Solmin seems to think that there could be five votes against the statute on federalism grounds "at least in some applications."

Now, I know that a debt of honour really should be one's first priority. Unfortunately, I am working on a really tight deadline, and I haven't had a chance to read the decision. From scanning the blog commentary, it seems that Kennedy has given himself (and, therefore, were I inclined to take it, me) a lot of wiggle room. Does Scott win or nobody?

And, yes, there will be no Baby Duck...

No comments: