BREAKING -- Broccoli, We Hardly Knew Thee.

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.

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.
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).

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?


  1. A gift to Romney.

  2. Conservatives who think Romney will repeal the plan he lobbied Obama to pass haven't yet clued in to what a liar he is. This is the man who will say anything to get elected, and it's his baby.

  3. Wasn't this essentially Bob Dole's plan before it was even Romney's. Seriously.

  4. It also borrows from Nixon's plan and one cooked up by the communist hellhole The Heritage Foundation.

    Obama passed the Republican plan without a single Republican vote. Do these geniuses really think we have the memory span of fruit flies? Do they think we can't use google to see their past statements?

    You can read Romney's plea to use the Massachusetts model here:

    Is this a professional, modern political party or a Three Stooges episode?

  5. Sorry, that just happened to be the right model for Massachusetts. Other states may want different models, or even no models (TX, FL). Good thing health care costs don't travel across state borders.

  6. Don't pay that Mandate!June 28, 2012 at 8:19 PM

    The Individual Mandate Clinic (TM) has experienced lawyers who will fight back when the IRS penalizes you for not having health insurance. For $99.00 down and $79.00 a month you can have a lawyer fight the individual mandate on your behalf. The IRS can fine you up to 2% of your total family income. Fight back now!

    The Individual Mandate Clinic is a registered trademark of Dewey Cheetem and Howe. All rights reserved.

  7. No so fast chunky. The Individual Mandate Defense Team will defend you from the individual mandate for $89.00 down and $72.50 per month. A better deal and experienced lawyers.

  8. Yes Obama passed the Republican plan without a single Republican vote.

  9. I got lucky last night at Tarpon Bend when I pulled this smoking hot Greenberg health care policy associate because I had read the opinion and was able to intelligently discuss it. She makes five times more than me, which I find quite sexy- plus she's an NCAA former gymnast which has all sorts of possibilities.
    It pays to be a PD with nothing to do all day but read supreme court opinions and blogs.

  10. Randy Barnett's Commerce Clause argument prevailed, of course, which should humble some of the commenters around here. Am I gloating? No, more like puzzling. Seems that Roberts was ultimately pulled more in the direction of judicial restraint than he was by interpreting the statute in accordance with Congressional intent - i.e., Obama and the Dems repeatedly said that "it's not a tax." So, the result is that Obama has raised taxes on the very people who can least afford it, even though he claims that he didn't.

    Welcome to the Looking Glass.

    On the bright side, did anyone notice that money-lanche that followed in the wake of the opinion? Awesome stuff. I think that the last time the Dems celebrated their achievement on health care, they lost something like 60 seats?

  11. Btw, I agree with SFL at 5:40. In general, states have much broader powers than the federal government. Just because someone supports a healthcare mandate at the state level doesn't mean that he thinks it constitutionally appropriate, or even good policy, at the federal level.

  12. The client-lawyer relationship often begins with an intake interview where the lawyer gets to know the client personally, discovers the facts of the client's case, clarifies what the client wants to accomplish, shapes the client's expectations as to what actually can be accomplished, begins to develop various claims or defenses, and explains her or his fees to the client.


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