Eugene Joseph “E.J.” Dionne is a funny little fellow, funny as in odd.  In his WaPo column, E.J. waxes inelequently accusing the allegedly conservative justices of “judicial activism” because they actually asked about details of the Affordable Care Act and the consequences to be borne by all of America.  At the same time the government lawyer argued that health care is a unique market that envelopes all in its path, like The Blob, E.J. is offended that the non-Zombie Justices care about its effects.

His principal argument is that Congress passed the act and therefore, as a product of democratic processes, which are infallible, it is beyond the pale to inquire.

No doubt, Eugene Joseph would have scored the Justices who argued against Dred Scott (Dred Scott v. Sandford, 60 U.S. 393 (1857) which upheld the will of Congress, consequences be damned…