Fans of judicial inventiveness will applaud once again. And 18 States who bear costly burdens under the ACA cannot even get a foot in the door to raise a constitutional challenge. “No one can fail to be impressed by the lengths to which this Court has been willing to go to defend the ACA against all threats,” Alito wrote. In the Obamacare dispute, Alito sarcastically accused the majority of repeatedly indulging in flights of legal sophistry to avoid the politically unpalatable step of striking down the landmark health care law. Those who count on this Court to stand up for the First Amendment have every right to be disappointed-as am I,” Alito wrote in the foster-care case, notwithstanding the Catholic charity’s unanimous victory. “After receiving more than 2,500 pages of briefing and after more than a half-year of post-argument cogitation, the Court has emitted a wisp of a decision that leaves religious liberty in a confused and vulnerable state.
Leading the charge from the right in both cases Thursday was Justice Samuel Alito, who penned caustic opinions taking his colleagues to task for issuing narrow rulings that seemed to him to be aimed at defusing political tensions rather than interpreting the law. “It’s a dramatic difference from only two or three years ago.” “We’re arguing about the battles among the conservatives and when that coalition breaks and where it goes,” lamented Harvard Law School lecturer Nancy Gertner, a former federal judge.
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