George F. Will - GM and Chrysler: Good Cases for Judicial Activism - washingtonpost.com: "courts have no nobler function than that of actively defending property, contracts and other bulwarks of freedom against depredations by government, including by popularly elected, and popular, officials. Regarding Chrysler and GM, the executive branch is exercising powers it does not have under any statute or constitutional provision. At moments such as this, deference to the political branches constitutes dereliction of judicial duty.
'At present,' notes the Economist, 'there's enough capacity globally to make 90 million vehicles a year, but demand is little more than 60 million in good economic times' (emphasis added). Unfortunately, says Reason magazine's Jacob Sullum, America's president 'can imagine a world in which the internal combustion engine is obsolete but not one in which GM is.' So, doubling down on his predecessor's misbegotten policy, the president is acting strenuously to perpetuate some of America's portion of the excess capacity."...
This would not be happening were Congress awake, or were the courts properly active. Constitutionalists are not amused.
OK, I was hoping there was some reasonable explanation, beside apathy or cowardice, that our Supreme Court didn't step in to defend the rule of law in the Chrysler bankruptcy. Sadly, as George Will so aptly lays is out in this piece, there isn't.
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