In today’s American Spectator I speculate on the possibility that ObamaCare might suffer the fate of McCain-Feingold, dying a slow death of a thousand legal cuts:
Last June, upon learning that the Supreme Court had ruled ObamaCare’s individual mandate constitutional, many observers were forced to concur with the Dickens character who opined, “If the law supposes that … the law is an ass.” Yet, the increasing number of anti-PPACA lawsuits that have been receiving serious attention from the courts suggests that the legal system may not be as irrational as it seemed when Chief Justice John Roberts began braying from the bench on June 28.
If this seems Pollyannaish, consider the fate of McCain-Feingold:
In December of 2003, many were just as shocked and dismayed when the Supreme Court upheld the Bipartisan Campaign Reform Act (BCRA) as they were by the bizarre ObamaCare decision. BCRA was an outrageous assault on the First Amendment, and yet the Court allowed most of its provisions to stand. Nonetheless, the opponents of McCain-Feingold launched a series of legal attacks. Finally, in early 2010, the Court delivered the coup de gras with its landmark ruling in Citizens United v. FEC.
Could ObamaCare go the Way of McCain Feingold? Can ObamaCare die a death of a thousand legal cuts? To read the rest of the column, click here.