The ideological nature of the health care case was obvious on the last day of oral argument. By the time the proceedings were over, much of what the conservative justices said in court seemed like part of a politically driven exercise — especially because the issues addressed on Wednesday were not largely constitutional in nature. In fact, they were the kinds of policy questions that are properly left to Congress and state governments to answer, not the Supreme Court.
On Wednesday morning, the court heard arguments on the issue of “severability” — the question of what should happen with the rest of the 2,700-page statute if the requirement that most Americans obtain health insurance is struck down. The insurance mandate was effectively reduced to a bumper sticker by the opponents in their constitutional challenge, and the entire law reduced to little more than an appendage to the mandate. MORE...
Monday, April 09, 2012
NY Times Editorial: "Activism and the Roberts Court"
NY Times (editorial):