Lousy Activist Judges…

25May10

Megansigh:

This weekend, I had a conversation with someone non-crazy who thinks there is a not-insignificant chance that the Supreme Court will overturn health care reform, or at least the individual mandate (it’s not clear what happens to the rest of the law if the mandate goes down; there’s some possibility that this would invalidate the entire law).  Mind you, this person was not suggesting that the chances were, say, 85%; more like 25%.

But in a case like this, 25% is a big chance.  So we spent a bit of time speculating about what would happen next.

This is what happens when talking points take over policy. For one, it is extremely unlikely that the Supreme Court will find health care unconstitutional, and challenges to health care’s legality have gone nowhere thus far. Furthermore, Megan seems to think that no one in the Democratic party or in Yale’s Political Science department even thought to consider whether this health care legislation was unconstitutional. Moreover, the government already has a single-payer system in place that is paid for by a direct tax on everyone, even many who will never get to take advantage of it: Medicare.

I don’t mean to come down to hard on Megan because she’s normally much more reasonable, but conservative intellectuals look extremely foolish when they start talking like their politicians. Ramesh Ponnuru, who we’re told is intelligent, wrote a similar post detailing what would happen if the GOP was able to repeal HCR in the long-term. This is the sort of thing that gets the base fired up, but has no basis in reality.

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