The “constitutionality” of the Obama health care law, Harvard Law School’s Laurence Tribe wrote in the New York Times earlier this year, “is open and shut,” adding that the challenge against it is “a political objection in legal garb.”
In announcing yesterday that it will consider the law’s constitutionality, the Supreme Court said it would give an historic five-and-a-half hours to oral arguments. Perhaps by his Cambridge standard, Mr. Tribe thinks the nine Justices are a little slow. We prefer to think this shows the Court recognizes the seriousness of the constitutional issues involved. It makes those who cavalierly dismissed the very idea of a challenge two years ago look, well, constitutionally challenged.
Other critics of the constitutional case have suggested that its outcome before the High Court will be a wholly “political” decision, a repeat of Bush v. Gore. We trust the justices won’t fall for this slur against their reputation.
The President’s health-care law faces a Constitutional reckoning, Daniel Henninger discusses on Opinion Journal. Photo: AP.
The issue at the heart of the ObamaCare challenge brought by 26
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