It occurred to me the other day, that one of the reasons the White House has been goading the Supreme Court is the hopes that perhaps one of the “five” will make some kind of presumptive “gaffe”–one that forces a recusal from any upcoming and certain challenges to the health care bill. One would be enough to presume a 4-4 split. Two would be fatal.
I say this because what looks like a cramdown using the “Slaughter Solution” must–must be challenged. In fact, one could argue that if this thing is going to make it to the President’s desk–this would be the best way to have it unilaterally tossed, as opposed to the individual mandates leaving an unfunded mandate for the country to contend with.
So please. if you’re a Supreme Court Justice and you happen to read this–please, please save the antebellum statements for the war itself.