Place Your Bets on Obamacare

Afterward, everyone milled around on the plaza, ducking between the tri-corner hats and the pink banners, and trying to tease out what had happened in there. My sense is that we saw only a part of what the justices were really thinking today. We heard Roberts and Kennedy expressing doubts about each side of the argument. But we didn?t get to hear them think aloud about what it actually means to strike down a monumental act of congress. We can assume that is weighing on some of the justices, nonetheless. The other thing we didn?t hear much about today was case law. Justice Stephen Breyer pointed out more than once that the justices weren?t there to debate whether or not they liked the bill. But it may be worth counting up the references to forced gym memberships, cellphone purchases, and broccoli mandates, and tallying them up against references to actual court cases. That?s either because the mandate is so unprecedented that precedent doesn?t matter. Or, because precedent just doesn?t matter.

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