Monday, March 26, 2012

The Supreme Court just wants to be popular

Andrew Koppelman

Six hours.  It’s remarkable for the Supreme Court to allow that much time for argument of a single case.  But then, it’s remarkable that the challenge to the Patient Protection and Affordable Care Act of 2010 (ACA for short) is in the Supreme Court at all.  Constitutional claims that would have seemed obviously ridiculous a couple of years ago – and, I expect, will be deemed obviously ridiculous a couple of years from now – are treated with solemn gravity by the Court. The Court is evidently looking forward to resolving these claims.

And that’s why it is unlikely that the Court will accept today’s invitation to throw the whole case out on jurisdictional grounds, without ever reaching the merits.

The rest of this post is on, here.

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