Here's the most insightful analysis I've read yet of today's HCR opinion:
On the broccoli beat, Bloomberg Law’s Josh Block finds that the word was mentioned a dozen times in the court’s opinions. There were three mentions by Chief Justice Roberts, five by Justice Ginsburg and four in the dissenting opinion.I suppose swlip will gloat about the Commerce Clause language by the Chief Justice, which is worrisome for the long term in that it echoes the dissent and does not bode well for future tests of federal power (unless it involves gay marriage or drug laws).
The most appetizing quotes are:
From Justice Ginsburg: As an example of the type of regulation he fears, the Chief Justice cites a Government mandate to purchase green vegetables. Ante, at 22–23. One could call this concern “the broccoli horrible.”
Personally, I'm just happy conservatives can go back to complaining about "judicial activism" again -- that was really starting to weird me out.
And finally, in addition to being experts in sophisticated global financial markets, tax policy, the impact of carbon emissions on arctic glaciers, and whether LeBron should have ever left Cleveland, your FB friends are all now suddenly Constitutional Scholars too.
Time to unplug for a while?