Greenhouse urges progressives who are pessimistic about the potential outcome in the case to read the briefs, as she has. Reading them, she says, has given her hope for the first time that the government could prevail here. But her hope seems to be slim, or she wouldn't write this:
I said earlier that this case is as profound in its implications as the earlier constitutional one. The fate of the statute hung in the balance then and hangs in the balance today, but I mean more than that. This time, so does the honor of the Supreme Court. To reject the government’s defense of the law, the justices would have to suspend their own settled approach to statutory interpretation as well as their often-stated view of how Congress should act toward the states. I have no doubt that the justices who cast the necessary votes to add King v. Burwell to the court’s docket were happy to help themselves to a second chance to do what they couldn’t quite pull off three years ago. To those justices, I offer the same advice I give my despairing friends: Read the briefs. If you do, and you proceed to destroy the Affordable Care Act nonetheless, you will have a great deal of explaining to do—not to me, but to history.Unspoken is the concern Greenhouse clearly has that history matters much less to the five conservatives on the court than politics. Or at least to four of the five. Read this as another appeal to Chief Justice John Roberts to consider this case at least as closely as he did the original challenge. Does he want to be considered by history as a blind partisan or as a principled jurist?
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