A very telling fact that bodes ill here is Kagen did not recuse. That makes one think it’s dog and pony show from the beginning.
We have had decades of the Supremes ignoring major parts of the Constitution and forcing the term “the People” into the Commerce clause. When did we pass an Amendment authorizing a 2nd Prohibition?
Agreed.
And I have been fascinated by the suggestion that the “individual mandate” is a throw away. As I’ve said, it just didn’t occur to me. What I can’t quite get around is why did they not include a severability clause? Of course, the Court may still not throw the whole thing out but only the mandate, but not having that clause does make that a bit more problematic.
Nice insight all who saw this as a possible throw away.