William Katz: Urgent Agenda
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THIS MORNING – AT 8:26 A.M. ET: We are awaiting announcement of the Supreme Court decision on Obamacare. In a way, it's very sad that it's come to this – a constitutional challenge over a law that affects every American. But the challenge reflects the recklessness in the way the Obamacare law was written. It was written largely behind closed doors, without major hearings, and is more than 2,000 pages long. It was literally shoved down the throats of the American people with little public input. It was a triumph of liberal ideology over common sense, and respect for people's beliefs, experience and feelings. We have no idea how the Court will rule. Predictions of Supreme Court rulings, even by knowledgeable law professors, have often turned out to be wildly wrong. So we wait. Speaking of law professors, we presumably have one in the White House. Actually, he was an instructor in constitutional law at the University of Chicago Law School, not a full professor. But Barack Obama recently said something so outlandish that one wonders how he got any appointment at any law school. He said it would be unprecedented for the Supreme Court to strike down a law duly passed by Congress. Of course, that's ridiculous. If George W. Bush had said it, the mainstream media would have been in an uproar. It is common for the Court to strike down laws if a majority deems them unconstitutional. It is an old cliché that the Constitution is what the Supreme Court says it is. Oh, some of the justices have a rather aloof view of the Constitution. Associate Justice Ginsburg has said that she prefers the South African constitution. I have no idea how Obamacare would fare under the South African charter, but, given the murder rate in South Africa, enhanced medical care might not have much practical effect. Someone tell Ruth. We'll know later this morning. Then watch for the windbaggery to start. No matter what the decision, Obamacare will be up for careful review by the Congress that will be elected this year. And a new president will have a very different view of the law's provisions than does the current officeholder. June 28, 2012
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