Wednesday, November 3, 2010

The incoming Speaker and the election narrative

The speaker-in-waiting, John Boener, had this to say this morning concerning the ACA: "The American people have concerns about government takeover of health care. . . . I think it’s important for us to lay the groundwork before we begin to repeal this monstrosity." (The quote comes from this blog post in the New York Times.) And thus the effort to define the narrative of the midterms, as it concerns the ACA, begins in earnest. Again, if this sort of understanding or interpretation of the election takes hold, it will undoubtedly influence (at least at the margin) how judges approach the constitutional issues in the ACA litigation.