didn't go with the statements (I won't call them arguments) of Andrew Cohen in this meltdown
brought on by the Supreme Court's critical examination of the constitutionality of the federal health insurance purchase mandate. It is a powerful example of the combination of self-righteousness, confusion, hysteria, and tyrannical spirit that made this week's oral arguments such an unpleasant experience for so many liberal elites. Cohen has produced a target-rich post, but just a few examples:
1. Cohen writes, "The Constitution is what the justices say it is, nothing more and nothing less. But this
law is clearly within Congress' power" Well, which is it? If the Constitution is what the Supreme Court says is it, then, based on Cohen's own premise, it is unclear
whether the federal health insurance purchase mandate is within Congress' power and if a majority of the Court votes to strike down the federal mandate, then it will "clearly" beyond the constitutional power of Congress. But Cohen clearly suggests that the federal health insurance purchase mandate is within Congress' power regardless of what the Supreme Court decides. We can see Cohen's constitutional nihilism struggling with his self-regard. The Constitution is what the Supreme Court says it is when the Supreme Court agrees with Cohen. The Constitution is "clearly" what Cohen says it is when the Supreme Court has the temerity to disagree. Perhaps this argument is less than convincing to those who share neither Andrew Cohen's ideology nor Andrew Cohen's high opinion of Andrew Cohen.
2. Speaking of Andrew Cohen's high opinion of Andrew Cohen. Cohen writes of Chief Justice John Roberts "The chief justice has something to prove to progressives." He flatters himself. I pretty sure that the proper response to a brush with the esteem of Andrew Cohen is apply bleach to the affected area.