While we're waiting for today's oral argument to be released, Jen Rubin explains why liberals found yesterday's argument so astounding:
The reaction on the left and right yesterday was telling. On the right was relief and confidence. Justice Anthony Kennedy has not been bamboozled by the new justices. He understands that the Obamacare defenders have no constitutionally significant bright line (or even a dull one) between Congress compelling purchase of insurance and compelling purchase of other goods and services.
The left expressed two distinct sentiments. The predominate one was a freak-out. “Train wreck!” It’s a “disaster” they moaned. The other was a vague (understandable, given the absence of concrete evidence) and self-delusional chatter that somehow Justice Kennedy was wavering....Do they hang their hats on his comment at the end of two hours of argument that young non-purchasers of insurance sort of come close to affecting “commerce”? (Those who have followed Kennedy all too closely spot the common feint of showing fleeting interest in an argument; Not a bad way to snag the job of writing the majority opinion.)
What is going on here is the result of inattention and even contempt for the Constitution that has infected what passes for liberal jurisprudence over the past 30 or 40 years.
Inattention and contempt. Yup, I'd say that about sums it up.