"The second is that the court could strike it down anyway.... The law is a completely valid exercise of Congress' Commerce Clause power, and all the conservative longing for the good old days of the pre-New Deal courts won't put us back in those days as if by magic. Nor does it amount to much of an argument. So that brings us to the really interesting question: Will the Court's five conservatives strike it down regardless?"
Dahlia Lithwick asserts and ponders, and James Taranto rankles.