It is a little amusing to observe the change in tone from Obama’s cheerleaders. I guess 72 hrs is long time in the world of punditry.
The narrative went from optimism to vitriol. When the debate in the Supreme Court started, the consensus was that the Supreme Court would judge Obamacare constitutionally legal, albeit not in a unanimous fashion. As each day passed, that consensus changed as the conservative judges began dismantling Obamacare on legal precedence alone, and not on ideology as the Obama friendly press is suggesting. Justice Sotomayor, and Obama appointee, even brought up some tough legal questions. Justice Kennedy, a wildcard always, likewise gave insight into legal and historical precedence. The ruling, when it comes, could just as easily end in a 6-3 decision as it could 5-4.
Those points are not stopping the liberal media from targeting conservative judges, however. They are suggesting the Justices are practicing too much policy criticism since Congress already passed the bill for the president to sign. The problem with that criticism is that the bill was 2,700 pages long and none of the nuances and legalities saw the light of day. It was purposely written in such a way few, if any, could understand it all. To that end, Congress failed by not debating the bill and hurried it through Congress. The Supreme Court is left doing the job that Congress should have responsibly did for themselves and the American people.
Washington Post | Judicial activists in the Supreme Court
Three days of Supreme Court arguments over the health-care law demonstrated for all to see that conservative justices are prepared to act as an alternative legislature, diving deeply into policy details as if they were members of the Senate Health, Education, Labor and Pensions Committee.
I think Justice Antonin Scalia isn’t even really trying any more. It’s been clear for some time now that he’s short-timing his job on the Supreme Court. The job bores him. All these inferior intellects coming before him. All those inferior intellects on the bench with him, now with some other Catholics who aren’t even as Catholic as he is, Scalia being the last living delegate who attended the Council of Trent. Inferior Catholics with inferior minds. What can a fellow do? He hung in there as long as he could, but he’s now bringing Not Giving A F*** to an almost operatic level.