Conservatives have sung a particular song for many years, but let me sing a quick chorus now. The Los Angeles Times ran an article headed “Federal appeals courts issue conflicting rulings on Obamacare.” In it, the writer said that the health-care law could be returning to the Supreme Court. And “this time, the outcome at the high court would turn on whether at least one of the five conservative justices agreed to uphold Congress’ broad goal of providing all Americans with insurance they can afford.”
Okay. But listen: Why is it that the votes of the Democratic appointees are never in doubt? How come no one ever says, “Gee, wonder how Breyer or Ginsburg or Sotomayor will vote”? You know?
All the interesting philosophical or jurisprudential action seems to be on the rightward side.