Is there not film of her Duke conference remark that the "court of appeals is where policy is made," and then adding, "I know I shouldn't have said that, but . . . ."?
If the Justices get "into the weeds" of the so-called "Affordable Health Care" legislation by such suppositions, ignorant or informed, then they are not adhering to their constitutional assignment as interpreters of the principles of the Constitution.
The Framers of America's Constitution would understand that such an act is not, and never was, about health care. It is about accumulations of power in the hands of arbitrary "rulers," including elected officials, bureaucrats and others whose role is to exert coercive power over the citizens.
Today's Justices should have understood that when the Trojan Horse called "health care reform" and various other appealing titles was introduced.
They are citizens, as well as Justices, and if they want future generations to honor them as advocates for liberty, their opinions must not insult the lofty aims of the Constitution's Preamble.
Hopefully, they will value the opinions of future generations more than accolades from a faction of so-called "progressives" who wish to separate America from its foundations in the enduring ideas of liberty, "changing" it back into Old World ideas from which it came.
Sonia Sotomayor: Courts make policy full clip
I believe Dr. Lee was appalled at the ignorance shown by her because that is a fact known by a very large majority of common people, I'd guess every other Justice on the court was aware of it.