Don’t miss this analysis by Judge McConnell.
For those who don’t know, Michael McConnell (now at Stanford, and formerly a 10th Circuit judge) is one of the smartest constitutional scholars in the U.S. He’s not ideologue (despite the fact that this appears in the opinion page of the WSJ). If I were working for the Democrats in Congress, I would take his concerns here very seriously. Could it really be that the Democrats want to give the Supreme Court a way to strike down the health care bill on a technicality, without even having to reach the merits?