Wednesday, October 10, 2007


I was rather surprised that the Supreme Court managed to get past the rhetoric of the mob and handed a decision in defense of the liberties of the big guys. And a unanimous vote too, including the overly emotional Angelina. How did this happen? How did reason prevail, or seem to prevail?

I’m talking about the case on the revised rules of the Milk Code, struck down for being amended beyond the executive’s capacity. The ad ban on breast milk substitutes that the new rules sought was rejected not because this was against the rights of people and their companies to do business, but because Congress had not been the one to do the amendments. Of course, if Congress decides to do so, it remains to be seen whether the Supreme Court would deem it unconstitutional. I highly doubt it.

So reason didn’t really prevail; it just had an unlikely ally, technicality, on its side.