Posted by: Rick | Thursday, February 3, 2011

The Ghost Of Bush V. Gore

The consensus among serious legal scholars seems to be that the new health care law is constitutional.  Even Ronald Reagan’s former solicitor general says as much.

Still, it’s probably going to come down to a 5-4 decision in the Supreme Court.  Dahlia Lithwick of Slate writes:

Court watchers on both sides of the debate seem to agree that Vinson’s opinion was rooted more in his convictions about the need to restrain federal overreaching than in the court’s modern Commerce Clause precedents.  The question now seems to be less about whether the justices can find a way to strike down the law if they so choose — they can — than whether they have the political stomach to do it.  [Emphasis added]

We already know the answer to that question.  When something is really important to the fortunes of the Republican Party, Scalia, Thomas, Roberts and Alito are going to be there, no matter how much they have to “twist their prior decisions and statements into pretzels“.  They are, first and foremost, movement conservatives whose strict corporatist agenda is dependent on Republicans for implementation.

Anthony Kennedy is not a member of their club.  As usual, it will be up to him to save America.

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