Justice Breyer’s “Outrageous” Statement

Todd Gaziano /

Supreme Court Justice Stephen Breyer

Justice Breyer’s suggestion yesterday at a congressional budget hearing that the Supreme Court will likely wind up passing judgment on various aspects of the Obamacare law should surprise no one. The Court’s shrinking docket has been a topic of Congressional inquiry for years, and it is not unusual for lawmakers to ponder whether Congress should require the High Court to take more cases or at least certain important ones (as it sometimes does).

It is also true that the recent health care “reform” violates many provisions of the Constitution. Any legal scholar worth his salt should predict that the Supreme Court will be called on to at least interpret the law, if not strike down major portions of it. It would have been shocking if Breyer had said challenges to Obamacare were not likely to be worthy of the High Court’s review. (more…)