Concerns about the health-care law are often framed in terms of liberty from government regulation. At Tuesday’s oral argument, for example, Justice Kennedy expressed a concern that the mandate “changes the relationship of the Federal Government to the individual in a very fundamental way.” Presumably, then, striking down the mandate would preserve an individual’s insulation from federal control.
If there’s an upside to a possible invalidation of the individual mandate, it’s that such a decision will be a teachable moment—a time to reengage the public on the reality of the federal courts. It will inevitably cast the Court in a harsh partisan light, highlighting the federal bench’s shift to the right in recent decades and raising doubts about the right’s hypocritical charges of judicial activism.
Progressives must be ready to put an adverse opinion to work as evidence of how much there is to be done in getting the Constitution, and the courts, to function again for all of us, and not just the privileged few. please click title my thought's are as follows
will this happen in our lifetime a mutually vested interest in the public as well as corporations?