—I wish the Supremes would sink Obamacare, but I have my doubts.—
I’ve read a lot of articles on this, and this is the best one yet. Interestingly, he doesn’t even mention the administration’s argument that it’s a tax and therefore A-OK.
He makes it clear that any other decision to allow the mandate to stand would be ridiculously activist and completely unsupportable while many many precidents have already been established in the last 240 years making this law DOA at the SCOTUS.
The only way they could twist things enough to pass it with even a remnant of a straight face is via the “it’s a tax” argument, which the author oddly doesn’t even address.
Of interest to me was the repeated mention of Justice Kennedy in opposition to other cases. The author pretty well puts to sleep the thought Kennedy is the swing vote. He is not.