but thank God for Laurence Tribe.
Of course, while I agree with Tribe’s policy analysis, I have to think that because of the general language used in the legislation and the historic reluctance of courts to interfere with Congress’s taxing power, the legislation will ultimately be found constitutional. Pity; it is clearly a punitive piece of legislation that should certainly qualify as a bill of attainder. The other problem is that the bill passed the House by veto-proof margins, with the GOP failing to show any spine and vote against it. If that happens in the Senate, I am not at all convinced that the Obama Administration will pick this hill to die on with a veto.