Showing posts with label Catch-22. Show all posts
Showing posts with label Catch-22. Show all posts

Tuesday, July 03, 2012

Justice Roberts spares the country's pound of flesh

I had deja vu as I read John Roberts' decision deeming the individual mandate both an impermissible exercise of Congress's Commerce Clause power and a constitutional exercise of its taxing power.  I was taken back to Shakespeare's court of Venice:
PORTIA
A pound of that same merchant's flesh is thine:
The court awards it, and the law doth give it.

SHYLOCK
Most rightful judge!

PORTIA
And you must cut this flesh from off his breast:
The law allows it, and the court awards it.

SHYLOCK
Most learned judge! A sentence! Come, prepare!

PORTIA
Tarry a little; there is something else.
This bond doth give thee here no jot of blood;
The words expressly are 'a pound of flesh:'
Take then thy bond, take thou thy pound of flesh;
But, in the cutting it, if thou dost shed
One drop of Christian blood, thy lands and goods
Are, by the laws of Venice, confiscate
Unto the state of Venice.

GRATIANO
O upright judge! (Merchant of Venice IV. 1. 298-312).