A lot of experts have said that Obamacare will be challenged in the Court, but this is the first time a sitting justice has suggested it. Breyer testified before a Congressional hearing and hinted that the Court’s case load would soon be getting heavier. He begins with a bon mot from Montaigne about a King who tried to reduce the number of lawyers by writing a lot of laws:
Doesn’t the king know every word in a bill is the subject for an argument in court in a decision?
Then he drops the following oblique but unmistakable reference to Obamacare, suggesting that its sheer length renders it fertile ground for challenges:
If you have passed a law with 2,400 pages it probably has a lot of words. And I would predict as a test of [Montaigne’s] theory that three or four years today no one is every going to ask us again why we have so few cases.
Here’s the video (via TPM):
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