Originalist Smackdown: Healthcare Mandate Edition

In The New Republic, Harvard Law Professor Einer Elhauge delivers an awe-inspiring smackdown of the "originalist" case against the healthcare mandate:

But there’s a major problem with this line of argument: It just isn’t true. The founding fathers, it turns out, passed several mandates of their own. In 1790, the very first Congress—which incidentally included 20 framers—passed a law that included a mandate: namely, a requirement that ship owners buy medical insurance for their seamen. This law was then signed by another framer: President George Washington. That’s right, the father of our country had no difficulty imposing a health insurance mandate.

I have my own problems with Constitutional Originalism and its flawed theory of history, but this is just straight up pwning. Elhauge goes on to detail several instances in which actual Congresses made up of actual Founding Fathers passed mandates, including an individual mandate that required sailors to purchase medical insurance.

If such a ruling would not hurt so many millions of vulnerable Americans, I could almost wish that the Supreme Court would strike down the mandate just so that we could have this awesome example of "actual" Founding Fathers vs. "original" Founding Fathers. I may get that wish fulfilled anyway, much to my sorrow.

More coverage from Slate here.

Dream Anatomy

Dream Anatomy, an online exhibit from the U.S. National Library of Medicine, showcases the library's collection of anatomical drawings, models, and prints.

I remember the first time I saw a 16th-century copy of Vesalius' De Humani Corporis Fabrica (1543) in real life — it was so beautiful and so sturdy that I couldn't believe it wasn't a reproduction. If you ever have the chance to see one of these early anatomical texts in person, take it. For now, just enjoy this digital treasure trove.

Catholic Obstetrical Textbook Quote of the Day

"A system of education that ignores the will, upon which morality and virtue are based, and substitutes a sham intellectuality as elaborated by ignorant boards of education and administered by emotional, half-educated women, together with a lack of genuine religion, is a prolific source of mental and moral deterioration and consequent degeneracy in the physical and moral orders. Our American public-school system is such and its deity is the unwashed and crassly depraved god Demos, whose bible is the evening newspaper. If we could civilize our schools, we should have no mention of legislation by vagary."

- Austin O'Malley, relevantly

The Ethics of Medical Homicide and Mutilation (1919)

This is the concluding paragraph of O'Malley's obstetrical textbook.

Catholic Obstetrical Textbook Quote of the Day

"Prolongation of the lactation period beyond the usual time for weaning, from the ninth to the twelfth month, is common among ignorant and lazy women. Some women prolong lactation in the erroneous notion that it prevents renewed impregnation. Such lactation is injurious to the child, as a rule. Ploss says hyperlactation is frequent in Spain, and that some Japanese, Chinese, and Armenian women may nurse their children for years, but this practice in undoubtedly injurious, especially among European races."

- Austin O'Malley, knowledgeably

The Ethics of Medical Homicide and Mutilation (1919), pg. 155

Catholic Obstetrical Textbook Quote of the Day

"Obstetrical text-books, unfortunately, are written by such emotional men; by men who lack all training in ethics other than that inculcated in childhood out of the mental vagaries of the women in the household."

- Austin O'Malley, professionally

The Ethics of Medical Homicide and Mutilation (1919), pg. ix

This is an endlessly fascinating book. The frontispiece is a giant diagram of a vasectomy. Other books might have a photo of the author before the title page, but not this one.

Catholic Obstetrical Textbook Quote of the Day

"Once crazy, always crazy, is an aphorism with much truth in it."

- Austin O'Malley, compassionately

The Ethics of Medical Homicide and Mutilation (1919), pg. 157

Catholic Obstetrical Textbook Quote of the Day

"The vast majority of women are too lazy to take physical exercise as a hygienic duty at any time, and during pregnancy, their aversion to all effort to overcome indolence is so great they make even themselves believe they cannot."

- Austin O'Malley, respectfully

The Ethics of Medical Homicide and Mutilation (1919)

Cheery Reading of the Day

I am currently doing some background research for an undergraduate course on the history of life and death issues. This project brings a whole host of light reading across my desk: