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William C. Altreuter
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Friday, March 23, 2012

I am concerned about the future of the Affordable Care Act (and by the way, the fact that it is pretty much universally referred to as 'Obamacare' is another time that the right wing has effectively won the jargon war) because I am worried that this Supreme Court is even worse than the Supreme Court that decided Bush v. Gore. That jurisprudential slight of hand pretty much trashed forever the notion that the Supreme Court wasn't outcome-determinative in its rulings, and look who has come on the bench since: Alito for O'Connor,and Roberts for Renquist. Sotomayor for Souter is an upgrade, and Kagan for Stevens is a wash.

Thing is, the arguments against the statute are essentially incoherent. I've tried to dope out what they are saying, but all I'm getting is sputtering and static. I suppose people who are fond of Lochner v. State of New York view the post-New Deal decisions which repudiated Lochner the way I view Bush v. Gore, but I just can't see it that way. It is all Chicken Little best I can tell.

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