Why Obama's healthcare reform is the court's supreme test
Conservatives used to disdain 'judicial activism'. If the supreme court now kills the healthcare act, its partisanship will be naked
"Monday is for completists only, but could be revealing: the justices will go through some procedural arguments to determine whether they should rule on the act's constitutionality now or wait until its central planks comes into force in 2014. Though the debate will be dry – it hinges on the Anti-Injunction Act, an arcane piece of tax law from the 1860s – the circumstances of the argument certainly aren't. Neither the administration nor the law's opponents claim that the court can't rule yet; instead, it was the justices themselves who introduced this so-called "orphan argument"and appointed a hotshot DC attorney to make the case. If the justices decide they want to duck the whole issue, we may get a hint Monday."
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