‘Broccoli’ was the key moment. - By Josh Marshall
JOSH MARSHALL MARCH 28, 2012, 10:07 AM
The Shame of It All
Its easy to imagine that two generations of aggressive judicial advocacy and court-packing was leading up to this moment yesterday before the Supreme Court. This would be the prize.
For all of those who thought the conservative judicial push was principally about stuff like Roe v. Wade, as some have suggested to me over the last day or so, just go to a Federalist Society meeting. The real issue has always been the regulatory state. In any case, it is the height of judicial activism for the Court to consider striking down legislation on grounds that was barely considered certainly not in the mainstream of jurisprudence only two years before when the legislation was being considered. But what struck me more was how the the critical questions from the conservative bloc on the Court grappled so little with the actual economic role of health care provisions in society and the systemic market failure. These would seem to be precisely the issues the Commerce Clause is meant to address. Simply because the problem is serious doesnt mean every possible solution is constitutional. But again, no real grappling with the practical issues the law was meant to address but rather a hyper-focus on academic and ideological points.
Broccoli was the key moment.
http://talkingpointsmemo.com/archives/2012/03/the_shame_of_it_all.php?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+Talking-Points-Memo+%28Talking+Points+Memo%3A+by+Joshua+Micah+Marshall%29
CAPHAVOC
(1,138 posts)Insurance is not Health Care.
global1
(25,294 posts)"I do not like broccoli and I havent liked it since I was a little kid and my mother made me eat it. And Im President of the United States and Im not going to eat any more broccoli. Now look, this is the last statement Im going to have on broccoli. There are truckloads of broccoli at this very minute descending on Washington. My family is divided. For the broccoli vote out there: Barbara loves broccoli. She has tried to make me eat it. She eats it all the time herself. So she can go out and meet the caravan of broccoli thats coming in."
quote by George H. W. Bush (41)
On the Road
(20,783 posts)There is also this from TPM:
John Roberts May Have Tipped His Hand On Obamacare
http://tpmdc.talkingpointmemo.com/2012/03/did-john-roberts-throw-a-wrench-in-major-argument-against-obamacare.php?ref=skyboxes