First, the ubiquitous Richard Epstein, on why Justice Kennedy’s million dollar question might restore our understanding of the Commerce Clause to the pre-NLRB v. Jones & Laughlin and Wickard v. Filburn reading that held sway from the founding of the United States to the imposition of the New Deal.
Second, Ramesh Ponnuru examines Dmeocrats’ magical thinking that the overturning of ObamaCare would lead inevitably to a groundswell of support for a single payer system (presumably including a mass march on Washington by Americans of all walks of life coming together, firsts clinched high and singing “The Internationale”):
Reality-check time: When Obamacare became law, Democrats had more power in Washington than at any time since the Carter administration in the 1970s. They had the presidency and lopsided majorities in both houses of Congress. Because conservative Democrats have declined in numbers, it was probably the most liberal Congress since 1965-66. They were still barely able to pass the law. And that was with important medical industries either neutralized or in favor of the legislation, which they would not be in the case of single payer.
Tags: ObamaCare, Regulation, Richard Epstein, Supreme Court