Obamacare down to the wire

Posted on June 24, 2012 by ScottC

As the Supreme Court’s ruling on the constitutionality of Obamacare approaches, the NYT today has an article about how many supporters of ACA were slow to realize the dangers of a constitutional challenge.

It was to be expected that Obama would express public confidence in the constitutionality of the law, and of course we all remember Nancy Pelosi’s now potentially embarrassing dismissal – “Are you serious?” – of a reporter who dared to question her on the constitutional legitimacy of the law she had just passed. At the time I simply assumed that this was natural political bluster. But it seems that a great many Dems did indeed view the idea that forcing people to purchase a private, commercial product simply because they happen to exist might be beyond the legitimate power of the government to be beyond the pale.

“It led to some people taking it too lightly,” said a Congressional lawyer who like others involved in drafting the law declined to be identified before the ruling. “It shouldn’t strike anybody as a close call,” the lawyer added, but “given where we are now, do I wish we had focused even more on this? I guess I would say yes.”

How could they have been so wrong about this? It is one thing to be able to craft, out of Supreme Court precedent and a manipulation of language, a legitimate-sounding argument supporting the constitutionality of a power that had never been exercised before in the history of the US. But it is quite another to imagine that no reasonable counter argument could possibly exist or be forwarded. I don’t know which way the Supremes will ultimately vote on this, but it is clear now that it has been a reasonably close call, whichever way it goes.

How could experienced lawyers and constitutional scholars have thought – actually still think – that the constitutionality of a heretofore unexercised power which relies on the counterintuitive (some might even say perverse) definition of the absence of activity as the presence of activity, was an obvious and certain constitutional lock? Is it an example of widespread wishful thinking? The results of an academic liberal echo chamber? A mass delusion? I really don’t get it.

Filed under: aca, Supreme Court | 93 Comments »

3 Movies

Posted on June 24, 2012 by markinaustin

Moonrise Kingdom.  Only slightly surreal comic instant mini-classic.  Two 12 year old first time actors are delightful as the central players.  Surrounded by Bill Murray and Frances McDormand, the girl’s parents, lawyers who call each other “counselor”; Ed Norton as the boy’s scoutmaster, Bruce Willis as the town cop, the Englishwoman Tilda Swinton as “social services”, and Harvey Keitel as the scouting commander, the two kids have a misadventure-and-romance-on-the-hike on a New England island in the mid 60s, while the adults search for them.  It is identifiably Wes Anderson, if you know his stuff, especially Rushmore.   A

Bernie.  Not to be confused with Weekend with Bernie.  Linklater presents the true story of a murder in Carthage, TX.  It is the funniest murder pseudo-documentary you will ever see, with Shirley McLaine as the town’s hated banker and eventual victim and Jack Black, in what could be an award winning role, as the town’s beloved assistant funeral director and murderer.  Matthew McConnaghey plays the D.A. and a retired lawyer I have known since law school, Brady Coleman, plays the defense attorney.  But not to be missed are the actual citizens of Carthage, TX, who  provide continuing commentary as the story unfolds.  As one of them explains, Carthage is behind the “Pine Curtain” in east TX – the part of TX  that is in the South.  A-

MIB3  I loved it.  It cannot be critically reviewed.  Tommy Lee Jones.  B  Must see for fans like me.

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Sunday Funnies Open Thread

Posted on June 24, 2012 by lmsinca

 

 

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