On Mandates and Precedent

“Altogether, this means that, if it is to be consistent, the Supreme Court has no choice but to uphold the constitutionality of Obamacare’s purchase mandate. Not only are such purchase mandates not unprecedented, but a purchase mandate with a strikingly similar rationale has affirmatively been approved by all but two members of the current Court.”

— Emily Bass and Einer Elhauge, “Even the Most Conservative Supreme Court Justices Have Already Declared Mandates Constitutional

Photo courtesy of Forbes.

A bastion of power and prestige, Harvard’s excellence extends to its faculty. However, some in the GOP argue that Elizabeth Warren’s teaching post at Harvard Law poses a conflict of interest:

Warren is teaching at Harvard Law School while she runs, and that’s unethical, the Bay State Republicans claim. ‘For Harvard to continue to employ her as a candidate is inconsistent with the academic mission of the college; detracts from the work that she would be expected to perform as a member of the faculty; and creates the impression that Harvard endorses, supports and is in fact subsidizing her campaign,’…. But had the Globe looked back a little further, it would have discovered that Daniel Patrick Moynihan continued teaching at least one class at Harvard during the fall of 1976 while he was running for Senate in an entirely different state. I know because I audited it.”

-Timothy Noah. “GOP to Harvard: Dump Warren.”

Courtesy of the New York Times.


Elizabeth Warren officially announced her candidacy for Senate in Massachusetts this morning, in a short video posted to her new campaign website. In the video Warren claims to be running on behalf of middle class families, saying “I don’t think Washington gets it.”

Warren who was the driving force behind the creation of the Consumer Financial Protection Bureau had hoped to head the agency she helped create. She got her first taste of conservative opposition when Republicans, vowing to block her nomination in the Senate, forced her to withdraw her appointment as head of the new bureau.

TNR reporter-researcher Simon van Zuylen-Wood writes that it may get tougher for Warren in the months ahead. Warren’s Harvard bona fides and mass appeal to liberals may actually do her a disservice in the Bay State’s senate election.

Assuming she gets past the Democratic primary, any attempt to use her background as a consumer advocate to run a populist campaign against incumbent Republican Scott Brown will be burdened by her day job as a professor at Harvard Law School. Even before Warren officially declared her candidacy, she was already being accused of “Harvard elitism.” 

How Warren fares in 2012 will likely be determined more by her response to these criticisms than by any of her previous policy prescriptions.

Courtesy of the Atlantic Wire