From Drew Courtney, spokesman for People for the American Way:

Eli —

In your post on legal challenges to the health care bill, you quote Ezra Klein saying that the Supreme Court doesn’t like to invalidate laws passed by Congress, but I’m not sure that’s true any more.

Scalia, Thomas, and Alito have shown absolutely no compunction in overturning laws passed by Congress, and given Citizens United no one should count on Roberts or Kennedy either. (Roberts, for his part seems more likely to chip away at statute than overturning it completely, but, again, Citizens United shows that he has no qualms about throwing away even legislation that has repeatedly been affirmed by past Court decisions.)

I don’t intend to say that there’s a solid legal case to be made against health care reform, but don’t sell short the Roberts Court’s extremism or aggressiveness.

Best,
Drew