My column yesterday on the Obamacare lawsuit before the Supreme Court generated a number of objections. To recap, my main points were that the case is very unlikely to lead to the invalidation of Obamacare, and claims that Judge Barrett has already signaled that she would vote in favor of the suit are mistaken.
Several Republican-appointed judges have taken the case seriously; who’s to say the ones on the Supreme Court won’t? Only one federal judge has ruled that the law should be struck down on the basis of the argument in the lawsuit. On appeal, two judges were persuaded that the individual mandate (or what’s left of it) is unconstitutional but were not persuaded by the district judge’s conclusion that the whole law therefore has to go, and thus ordered him to redo his analysis. The fact that the Supreme Court took the case, as both parties requested, does