Who seriesly thinks that something deemed unconstitutional should be kept none-the-less because a lawyer says bad things will happen if SCOTUS declares it to be just that?
When has that ever been a criterion that made the justices “salute” in the past?
HF
Agreed. Either a law is constitutional or it is unconstitutional. Unintended consequences can happen whether laws are upheld or overturned. A snarky remark about “THIS CONGRESS” doing anything legislatively to deal with Obamacare is worthy of Jon Stewart, not an attorney in front of the Supreme Court.
SCOTUS, and Scalia in particular, did just exactly that in the Heller decision. An unconstitutional law that stands long enough becomes constitutional, just by dint of standing long enough.
Appellate Courts make the decision first, and find the logic (or illogic) later.
Hugh AND series.