Monday’s announcement that the Supreme Court will consider constitutional challenges to Obamacare has been met with hurrahs on the right. Count me a skeptic. And that’s not only, or even primarily, due to uncertainty about how the justices will rule. Big Government’s attempt to usurp control of the health-care sector, and all the control over our lives that would entail, poses the question of what kind of political society we are to be. That is not a legal question. The court case is significant, but secondary. This is a political issue.
Of course, the justices must resolve the constitutional claims that have been leveled against the risibly titled “Affordable Care Act” (ACA or Obamacare). And if Obamacare is unconstitutional, that is the end of the matter — if the Constitution forbids the ACA, its policy implications are irrelevant.
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