This valuable post by Big Tent Democrat argues that the "inactivity" argument -- on which the wingnuts' challenge to the individual mandate rests -- is unprecedented (pun intended), unconstitutional and specious.
If this is correct -- and it seems so to me -- it drives home how extraordinary it is that the current Court seems bent on applying this bullshit to thwart the people's will. What does it say when a majority of our definitive legal body is made up of fools, ideologues and charlatans? And how remarkable is this chapter in our nation's history, when the basic underpinnings of the United States Constitution's separation of powers are dissolving before our eyes? People like Dahlia Lithwick have speculated that Roberts will not want his tenure to go down in legal history as a partisan travesty -- but that assumes the goal is to preserve the Court's power and credibility. Maybe Grover Norquist rules the judiciary, as well as the legislature. Maybe the driving motive all across the Beltway (and in state capitols throughout this great land) is to reduce all branches of government to the size (or to a condition of pathos and contempt) where we can (and want to) drown them in a bathtub.
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