Short version: Pretty much the same as yesterday. Red Barry's Solicitor-General Donald Verrilli is either an incompetent boob or being made to look that way by the risibility of the case he's having to try to argue; the four Obamunist justices kept getting down from their Olympian perches to pick him up every time he fell on his face; Scalia, Thomas, and Alito flayed him alive; Roberts, as the Chief Justice, tried to stay "above the fray"; and Justice Kennedy continued laying the foundation for selling out the Constitution once again by pretending to be "extremely skeptical" of the Regime's schitzophrenic individual mandate defense.
Maybe that's just me being, well, "extremely skeptical" of the purported white-flag waving resignation on display on the legal left after today's SCOTUS session:
Maybe Toobin's right. I'd like him to be right in this instance. But I think back to all the times in recent years we relied upon the High Court to exercise straightforward originalist reasoning to rein in and/or strike down one power grabbing usurpation or another - or to refrain from legislating from the bench - and all the times enough Justices chickened out or got it wrong.
Besides, there's something out of kilter when we have to beg five old geezers in robes to repeatedly save the country from the consequences of its own electoral choices. O-Care was crammed down our throats because the last extreme, hard-left Congress and this president were/are after totalitarianist power and saw/see the Constitution as an obstacle to be circumvented or simply steamrolled rather than as an institutional guarantor of individual liberty; that Congress and this president were foolishly elected, unvetted and sight-unseen, by a lazy, ignorant, indolent majority that couldn't be bothered to exercise the vigilance a free people must if they wish to remain free.
Thus we sit here waiting, breathless, while the SCOTUS serves as the Founding Document's (or, hopefully, ObamaCare's) death panel, its fate, and that of the American Republic, hanging on what side of the bed Justice Kennedy gets out of tomorrow.
There's an argument to be made that America doesn't deserve to survive as an even quasi-free society, for that reason alone. Unfortunately, such arguments have a tendency to be self-fulfilling.
[cross-posted @ Hard Starboard]
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