Critical Condition

A Report from the Court

I just returned from doing a hit at Fox Business on the health-care case at the Supreme Court, and I took a detour to visit the Court on my way back to the office. The atmosphere was somewhat raucous, but nowhere near the wild scene that was outside the Court during the Bush v. Gore case in late 2000. By my very unscientific count, liberals appeared to outnumber conservatives, reminding me of a famous exchange between Andy Ferguson and P. J. O’Rourke at the beginning of O’Rourke’s Parliament of Whores. When O’Rourke asked why liberal protests tended to outnumber conservative protests, Ferguson answered: “We have jobs.”

Conservatives did have a moment when Rick Santorum arrived, taking attention away from the liberal protest taking place nearby. Santorum’s remarks seemed aimed for the cameras and not the crowd, though, as he spoke mainly into the mikes arrayed in front of him. 

The early news reports suggest that the justices questioned the notion of whether the mandate is a tax, which means that the Anti-Injunction Act would not apply, but I am going to spend the next few hours listening to the just-released audio of the case and make my own judgments.

Tevi Troy is a presidential historian and former White House aide.

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