To the people who cover Washington, we call it chronicling situational immorality. Not since Bush v. Gore have we seen madness that could compare to this week’s Supreme Court debate over the constitutionality of the healthcare reform law.
While the arguments went on inside, for three straight days thousands of people with all kinds of placards milled around the perimeter. Their efforts were not aimed at swaying the justices but in ensuring that they could go home feeling that everyone knew their opinion.
For example, in the New York Times on March 19, an article on the mandate issue talked about a concurring opinion by Justice Antonin Scalia in a 2005 case dealing with regulation of home-grown marijuana.
Citing the penultimate 1942 case, Wickard v. Filburn, Scalia wrote, “Congress may regulate even noneconomic local activity if that regulation is a necessary part of a more general regulation of interstate commerce.”