Conservative justices Antonin Scalia and Samuel Alito have seemed to endorse Mr. Clement’s case. Justice Scalia has been responding frequently to Justice Sotomayor’s remarks, pointing to what he calls “legislative inertia” as a reason not to leave the decision of how much of the law to keep to Congress. Justice Alito, meanwhile, has argued that if the judges are considering what Congress intended when it passed the legislation, they should probably consider that the legislation wouldn’t have passed without its cornerstone provision, the individual mandate.My old boss used to say occasionally, in response to being informed about one of her colleagues' more extreme views, "We are not going to do that." And that is what I have been telling everyone for the last two years--that the Court is not going to take down the entire ACA. But perhaps, just perhaps, they will in fact do that.
To borrow Justice Scalia's words from yesterday, "Extraordinary."