But the problem isn't with the argument, it's with the statute. It only provides another reason to strike it down. That's the point to make to Kennedy.
All I know is that if Obama, Congress and the Court refuse to acknowledge, address and respond in a Constitutional manner to the issues they and their predecessors have wrought, then they are going to light a fuse for which only they will bear the responsibility. I can tell you that Americans are frustrated beyond belief, and we will only take so much before we take matters into our own hands. One of these days, it will become a costly transaction paid for in blood, and I fear for those who are forced to make those decisions.