I guess it was inevitable that a member of the legal commentariat, enraged at the thought of witnessing the Supreme Court strike down part or all of Obamacare, would agitate for the impeachment of Supreme Court justices who disagree with him on this or other issues. But just because the call for impeachment may be expected doesn’t make this brand of intellectual bullying and disingenuous advocacy any less appalling–especially when one considers David Dow’s rank hypocrisy. Glenn Reynolds does his part to debunk Dow as well. It is worth noting that Art. III of the Constitution makes clear that “[t]he Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior.” “Good Behavior,” it ought to go without saying, does not mean “agreeing with David Dow on the question of whether health care reform is constitutional,” but apparently, Dow and others like him are intellectually unscrupulous enough to pretend otherwise.
Andrew Koppelman may not be calling for impeachment (yet), but he is perfectly willing to analogize those who believe that Obamacare is based on unconstitutional principles to people who advocate child labor. David Bernstein shreds Koppelman’s argument, a service as valuable as it is simple to perform–and it is very simple to perform indeed.
I honestly don’t want to hear anymore from people on the other side of the partisan divide about how the Right has suddenly gone loony, and about how loony-ness is solely the province of the Right. Not after witnessing a bunch of port-side commentators (a) refuse to believe for a moment that part or all of the Affordable Care Act might be unconstitutional, and then (b) losing any and all sense of proportion and reality when the Supreme Court indicates that indeed, it might be.