Right-Wing Legal "Scholar" Randy Barnett Calls for Republican Supreme Court Justices to Forget Their Oaths, Ignore the Law, and Help Their Party
On the Fred Hiatt clown page that is the Washington Post, Randy Barnett writes:
Is health-care reform constitutional?: Will five justices accept a particular argument?... [T]he smart money says there won't be five votes to thwart the popular will to enact comprehensive health insurance reform. But what if five justices think the legislation was carried bleeding across the finish line on a party-line vote over widespread bipartisan opposition? What if control of one or both houses of Congress flips parties while lawsuits are pending? Then there might just be five votes.... [C]onsider another recent case in which the smart money doubted there were five votes to intervene in a politicized controversy involving technical procedures. A case in which five justices may have perceived that long-established rules were being gamed for purely partisan advantage. You might have heard of it: Bush v. Gore.
Why oh why can't we have a better press corps?