Tuesday, March 27, 2012


Those thinking Justice Scalia might follow the logic of his concurrence in Raich (at least one reading of that concurrence) and vote to uphold the minimum coverage provision should probably be disabused of such thoughts. Two important quotes:
 “The federal government is not supposed to be a government that has all powers,” Justice Antonin Scalia said early in today’s two-hour argument, Bloomberg News reports. “It’s supposed to be a government of limited powers.” 
Justice Scalia raised the challengers’ point, asking if the government can compel Americans to buy broccoli. “You’re not regulating health care. You’re regulating insurance,” he said.