The legal issues would appear to be silly. So why’s the Supreme Court not only hearing this case, but giving so much time to it?
The Supreme Court has been under a cloud since Bush v. Gore, when it massively distorted the law in order to install its preferred candidate as president – a president who, it turned out, was one of the most incompetent in American history. Perhaps their rush to take this case is a bid for renewed legitimacy. It’s no great legal feat to say that silly arguments are silly, and on that basis to uphold the ACA [Affordable Care Act of 2010]. The Court generally occupies itself with hard cases, not easy ones. But this prominent case, which they have made even more prominent by dragging on argument for days, lets it say to all the Gore supporters (and the very large number of Bush supporters with buyers’ remorse) that, see, we’re nonpartisan and legitimate after all. As a legal matter, the answer is obvious, and as a political matter the advantages are delicious. Who could resist?