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" ... As an aside, harkening back to segregation is the reductio ad Hitlerum of the anti-school choice movement. Segregationists used vouchers, therefore those advocating for vouchers are segregationists. Segregationists invoked the market, therefore anyone arguing for vouchers by invoking the market is a segregationist. It doesn’t matter if the purpose of the voucher advocate is to create new integrated schools or if the voucher advocate is himself or herself black, same language, same cause. ... "
" ... Look at what all three cases have in common. In every instance, we came into the puzzle with a very good understanding of what the rules were that nature played by. We noticed that if we imposed new rules, as some very recent observations seemed to imply, that we’d reach a conclusion about the Universe that was clearly absurd. And that if we had stopped there, having satisfied our logical minds by making a reductio ad absurdum argument, we would have missed out on making a great discovery that forever changed how we made sense of the Universe. ... "
" ... More generally, contemporary statutes creep increasingly close to the reductio ad absurdum provided by Scalia 25 years ago, whereby Congress votes all power to the President and adjourns. The ACA is an example, and Dodd-Frank might be even worse. It is time for the Supreme Court to unlock the armory and pull out the rusty but still serviceable sword of non-delegation to stop the nonsense, and restore democratic government. ... "