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3 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories LIFEArt plans to open gallery in Medford Since You Asked: New intersection won't be landscaped Emergency services, March 2 Ashland: Budget increase, swimming pool funding discussion on council agenda The new normal under climate change? Crime, Courts and Emergency Services Emergency services, March 2 Emergency services, March 1 Two injured in White City house fire Family, friends of Central Point fire victim try to cover costs Feds charge California couple with medical device fraud Politics and Elections Ashland: Budget increase, swimming pool funding discussion on council agenda Judge upholds Phoenix's moratorium on medical marijuana dispensaries Ballots on Jackson County marijuana tax go out Friday Brown's inauguration brings hope to local lawmakers Kate Brown sworn in as Oregon's 38th governor Education LIFEArt plans to open gallery in Medford MSD considers adding a health center at one of the city's high schools Absenteeism in Oregon schools prompts bill that would tie funding to attendance, not enrollment Territorial Seed contribution a boost for SOU food program 200-plus Jackson County students miss vaccination deadline Environment The new normal under climate change? Lost Creek Lake algae bloom subsides Lost Creek Lake logjam could become hazard for boaters Made in the Shade Controlled burn planned for Ashland watershed on Friday State News Oregon considers banning non-medical vaccine exemptions Bill to dissolve Cover Oregon heads to Governor Brown Oregon official says he was questioned by FBI, IRS Hayes wants her private emails protected Oregon Senate votes unanimously to outlaw 'revenge porn' Nation - World Obituaries Clara "Jackie" Bean Mae Kathleen Quaccia Joseph (Joe) Torres Margaret M. Moffitt Ruby Beck Perkins Weather Photo Galleries Since You Asked Videos Web Cams Mail Tribune 100 Shareable Bank of America is predicting a massive Tesla collapse Mars One attracts science fiction geeks and people who hate society This $1 million Mercedes is like an armored private jet for the road Sports Latest Stories Ducks beat Cardinal, clinch Pac-12 tourney bye Kings Conquered Poulter, Casey share lead at Honda Oregon upsets No. 19 Stanford Kaminsky, No. 5 Wisconsin clinch Big 10 share Varsity 541 College Sports Ducks beat Cardinal, clinch Pac-12 tourney bye Oregon upsets No. 19 Stanford Kaminsky, No. 5 Wisconsin clinch Big 10 share Cal's big run tops OSU No. 7 Arizona overtakes No. 13 Utah Pro Sports Kings Conquered Poulter, Casey share lead at Honda Nadal wins first title in nearly nine months Rousey makes quick work of Cat Depleted Hawks beat Heat Community Sports Business Latest Stories Business Briefs: Feb. 28 People in Business: Feb. 28 Medford Fabrication isn't afraid to go big Ride & Drive: 2015 Audi R8 Blog: Friends Forever Real Estate News Housing prices climb 9 percent in Jackson County Big plans on the Butte Homes for the long haul People In Business People in Business: Feb. 28 People in Business People in Business Transportation Lodging gains bode well for travel industries Medford airport flies past January record Agriculture Warm winter has fruit growers poised for action Briefcase: Business briefs for Feb. 21 1-800-Flowers dumps Harry & David execs Opinion Latest Letters to the Editor, March 2 Letters to the Editor, March 1 Our View: Drawing back the curtain on government Dana Milbank: Jeb Bush, CPAC pinata Charles Krauthammer: The fatal flaw in the Iran deal Editorials Our View: Drawing back the curtain on government Other Views: Brown's list of challenges is lengthy Our View: School attendance bill could backfire Our View: Higher education still getting too little Our View: Adjusting for unintended consequences Letters to the Editor Letters to the Editor, March 2 Letters to the Editor, March 1 Letters to the Editor, Feb. 28 Letters to the Editor, Feb. 27 Letters to the Editor, Feb. 26 Columns Dana Milbank: Jeb Bush, CPAC pinata Charles Krauthammer: The fatal flaw in the Iran deal GUEST OPINION: Police, community should work to prevent profiling George Will: Two reading lessons from the Supreme Court Guest Opinion: Don't overregulate Oregon's hemp industry Guest Opinions GUEST OPINION: Police, community should work to prevent profiling Guest Opinion: Don't overregulate Oregon's hemp industry Guest Opinion: Predatory banking practices bilk citizens Guest Opinion: Is less education the answer? Guest Opinion: Bill would shore up legal aid funding Lifestyle Latest stories Home Help: Enhance your home-office experience Community blog: How I Became Radical: The Power of Acceptance Community blog: The Guest List: Check! Review: In "Much Ado," why not let Shakespeare be Shakespeare? Adopt a Pet: Moby Food Restaurant Inspections: Sunday, March 1 Community blog: Support local CSA farms by signing up Saturday Joanna McQuillan Weeks: Cheeseburger pie is the perfect winter comfort food Page H. Onorato: Hot dogs I have known and loved Season Stepp: Tips for roasting vegetables Home and Garden Home Help: Enhance your home-office experience Specialty painting adds wow to your walls Dear Monty: Home seller questions agent ethics Home Help: Low-maintenance landscaping ideas Garden Cameos: Winter is the time to prune Health Community blog: How I Became Radical: The Power of Acceptance Community blog: The Guest List: Check! Health Watch: Sticking to your health plan when your family isn’t helping Community blog: Finding Your Indomitable Spirit to Defeat Addiction Dr. Murray Feingold: ‘Beet’ high blood pressure with borscht Hiking Biking Faith Religion briefs, Feb. 27 Religion briefs: Friday, Feb. 20 Religion News: Pope makes surprise shantytown visit Religion briefs: Friday, Feb. 13 RELIGION BRIEFS, Feb. 6 Milestones and Achievements Anniversary: Hofer New arrivals: Sunday, Feb. 8 Columnist for a Day Rogue Healthy Aging Tempo Latest stories Ashland High School presents 'Leading Ladies' Live Music in Local Clubs HAPA plays the Historic Ashland Armory An all-new Rising Stars music competition kicks off this weekend Ronny Cox plays the Unitarian Fellowship Theater Review: OSF elevates the neglected 'Pericles' Review: In "Much Ado," why not let Shakespeare be Shakespeare? 'She Stoops' rises on SOU stage SOU presents 'She Stoops to Conquer' 'The Glass Menagerie' is polished and professional Music Ashland High School presents 'Leading Ladies' Rogue Valley Symphony showcases Anton Bruckner and Richard Wagner Live Music in Local Clubs HAPA plays the Historic Ashland Armory An all-new Rising Stars music competition kicks off this weekend Community Events Third Fridays showcases local artists Southern Oregon Rod and Custom Show Ashland's First Friday Art Walk showcases new exhibits by regional artists Jacksonville celebrates Chinese New Year Dining Restaurant Inspections: Sunday, March 1 Great Outdoor Grill offers healthful options Restaurant Inspections: Sunday, Feb. 22, 2015 Saigon Xich Lo Vietnamese cuisine The zwickels shall flow Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines/Special Sections Business Services NEWS NOW Get Up & Go: Monday, March 2 ... Our View: Drawing back the curtain on government ... Public Meetings: March 2-6 ... Get Up & Go: Monday, March 2 ... Our View: Drawing back the curtain on government ... Public Meetings: March 2-6 ... ANOTHER VIEW George Will: Two reading lessons from the Supreme Court MailTribune.com Writer Posted Mar. 1, 2015 @ 12:01 am Posted Mar. 1, 2015 @ 12:01 am » Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> The Supreme Court frequently ponders arcane matters. But this week, however, in oral arguments concerning two cases, the justices' task will be to teach remedial reading to Congress and to Arizona. On Wednesday, the justices will consider this: Did Congress mean what it said when, with patently coercive intent, it stipulated in the Affordable Care Act that subsidies for persons compelled to purchase health insurance can be disbursed only through exchanges "established by the state"? If so, billions have been illegally disbursed through federal exchanges in the 34 states that resisted the ACA's pressure to establish exchanges. On Monday, however, the court will consider whether the Constitution's Framers meant what they said when, in the Election Clause, they assigned an important function to each state's "legislature." This clause says: "The times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof." Arizona's Independent Redistricting Commission (IRC) supposedly is a better idea. It was created by a state constitutional amendment passed by voter initiative. The commission is composed of five members. Four of them are chosen by the majority and minority leaders of the two parties in the two legislative chambers — but these leaders must pick from a list of just 25 (of the 4.9 million Arizonans of voting age) selected by another state commission, one for appellate court appointments. No member of the Legislature may serve on the IRC. It draws congressional district maps that are not subject to even such checks as a gubernatorial veto or referendum. The Legislature's role is reduced to submitting nonbinding recommendations to the IRC — "a function without consequence," as the Legislature says in its brief to the court. The question is whether this process, which reduces the Arizona Legislature's role to the vanishing point, complies with the Constitution's mandate that the "manner" of elections shall be "prescribed" by the state's legislature. The Supreme Court's Elections Clause jurisprudence permits limited checks on the legislature's redistricting prerogative, such as a governor's veto. It has, however, never authorized a state to divest its legislature of all meaningful power to prescribe district lines. Clearly the clause restricts states' abilities to do what the IRC does — nullify the Arizona Legislature's primacy in the redistricting process. The "I" in the IRC denotes independence from the Legislature. To the suit brought by Arizona's Legislature, the IRC's limp response is that the Elections Clause uses "legislature" to denote any process, such as a referendum, that creates any entity, such as the IRC, that produces binding edicts. Surely, however, in writing the Elections Clause the Framers used the word "legislature" as it was and still is generally understood, to mean the representative body that makes a state's laws. Arizona cannot strip its Legislature of a power that flows to it from the U.S. Constitution. Were it not for an unfortunate 19th-century decision, the court could rule that Arizona's redistricting arrangement also violates the Guarantee Clause, which says "the United States shall guarantee to every state in the Union a republican form of government." To the Framers, who were economical and precise with words, this clause had clear content. They believed that in a republic, the involvement of the people in governance is indirect and mediated, but real. The essence of republicanism is the principle of representation: The people do not decide questions, they decide who will decide — their elected representatives, such as state legislatures. In 1849, however, the court held that the meaning of the Guarantee Clause is non-justiciable. That is, its meaning is a "political question" to be determined by Congress rather than courts. But Clint Bolick of Arizona's Goldwater Institute says that here "non-justiciable" means that the clause "is written in disappearing ink." So, the Guarantee Clause is less a guarantee than a suggestion. This is another example of what is lost when judicial modesty becomes dereliction of the judicial duty to judge. It is, Bolick says, arguable that the Guarantee Clause is inapplicable in the Arizona case because the clause is "an affirmative obligation on the national government rather than a restriction on the states. But because of the judicial abdication 166 years ago, we never get that far in the argument." So the Arizona case is another legal log fueling the crackling fire of the conservative argument for a vigorously engaged rather than a passive judiciary. Which is another reason not to wait until Wednesday to watch the court. George Will's email address is [email protected]. 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