Just when you’re thinking all hope is lost, along comes the “void-for-vagueness doctrine,” invoked this past week by the Supreme Court to restrict a hopelessly vague law. If our era needs a bumpersticker, this is it: Void for Vagueness. Paste it on the 2,000-plus pages of the new ObamaCare law, paste it on the 2,000-plus pages of the floundering financial regulation bill. Hand it out in front of the Kagan confirmation hearings. Heck, chisel it on the portico of the U.S. Capitol.
If only on principle, someone from the GOP in Congress should start demanding that all federal legislation pass through a void-for-vagueness test. This session, none would survive. If the Supreme Court can demand clarity on behalf of convicted felons, how about adopting it on behalf of everyone else, who until their luck runs out, remain innocent?- Daniel Henninger in the Wall Street Journal