Josh Marshall, big time blogger of the Left, seems to think so. In his short summary of yesterday’s SOCTUS proceedings, he complains thusly.
But what struck me more was how the the critical questions from the conservative bloc on the Court grappled so little with the actual economic role of health care provisions in society and the systemic market failure. These would seem to be precisely the issues the Commerce Clause is meant to address. Simply because the problem is serious doesn’t mean every possible solution is constitutional. But again, no real grappling with the practical issues the law was meant to address but rather a hyper-focus on academic and ideological points.
Does the Left really think that constitutionality can be overlooked if we really, really want the law? If so, then we have no Constitution. These concerns he calls "academic and ideological". When did keeping with the law, and the foundation of our laws, become merely academic and ideological?