Once More Into the Breech

Having reserved the right to revise and extend my remarks once I'd had more time to read and ponder National Federation of Independent Business v. Sebelius, I do somewhat revise my opinion expressed below.

I now think the Scalia/Alito/Kennedy dissent makes mincemeat of the Chief's fig leaf for Obamacare and his effort to bend over backwards not to overturn the law fails -- and may well create great mischief, as Hadley Arkes here argues.

However, I maintain my view that it's not the apocalypse, for reasons George Weigel elucidates in on The Roberts Opinion, which concludes thus:
My constitutional and legal betters convince me that the chief justice may well have gotten it wrong on the constitutionality of the individual mandate. But he seems to have gotten many of the larger questions right. In doing so, he has made it unmistakably clear that if the American people think that Obamacare — its vast expansion of governmental power, its threat to the integrity of the healing professions, the manifest dangers it poses to religious freedom, liberty, and the right to life — is bad public policy, they have it in their power to do something about it, as mature citizens of a mature democracy.

And behind the power to do so lies the responsibility to do so.