Two days in and the pundits are all confident of the outcome of the six hour argument about three different features of the Affordable Care Act or, Obamacare, if you will . . . like he does. . . Of course, there is significant disagreement among them and some will be right, because, as Ben Franklin noted, “A stopped watch is right twice a day.”
But, it really is a crap-shoot. Surprisingly Justice Sonia Sotomayor seemed mildly skeptical that Congress has the power to direct consumers to contract with private parties and purchase a product, in this case, health insurance, all for the purpose of regulating who will pay for it. It’s a curiosity, but, as we learned several years ago from the Justice O’Connor, members of the Supremes often pursue sensible questioning to reach magical answers.
Whatever the outcome, no single issue has engaged so many previously quiet voters, and that can’t be a bad thing.