Just a few days ago, most people including me) thought that while Thomas, Scalia, and Alito might display their naked partisanship in deciding the fate of the Affordable Care Act, both Anthony Kennedy and Chief Justice John Roberts, concerned with maintaining the Court's legitimacy and integrity, would surely uphold the law. And now after the spectacle the justices made of themselves for three days, everyone seems certain that the law is doomed, in whole or in part. And it really was a spectacle, one in which, as E.J. Dionne says, the "conservative justices are prepared to act as an alternative legislature, diving deeply into policy details as if they were members of the Senate Health, Education, Labor and Pensions Committee." What, you thought the Supreme Court's job wasn't to decide if they personally like a particular law, but whether it's constitutional? How quaint. Justice Scalia even asked whether if the government can regulate the insurance industry, it can make you buy broccoli, as though he had been watching Sean Hannity the night before and said, "Oo, that's clever—I'm going to use that one!"
So let me turn around the question conservatives have been asking about the mandate. If the Supreme Court will strike down this law that every sane and knowledgeable observer, both Republicans and Democrats, understands is obviously and clearly within Congress' power (see here, for example), what won't they do?...