Jonathan Cohn in TNR:
I’m pretty sure both Obama and his administration’s lawyer were saying something different, and broader, when they invoked Lochner: By invalidating the Affordable Care Act, the Supreme Court would be resurrecting a vision of constitutionally limited government that, quite rightly, went out of fashion a long time ago.
Constitutional "fashion"?
Related: A New Republic: The Progressive Assault on the Founders’ Principles
Tracked: Apr 12, 19:33