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| John Marshall. (Photo credit: Wikipedia) |
The argument (really a conservative apologia for Justice Roberts) reminds me of Chief Justice John Marshall's brilliant decision in Marbury v. Madison. Marshall wrote for the majority that (1) it fell to the Supreme Court to be the final arbiter of whether a law is or is not constitutional, and (2) that under the Constitution his COurt lacked jurisdiction to reverse the President's decision to hold back Marbury's judicial appointment. Since the Administration won, it could hardly complain. Yet Marshall introduced the doctrine of Supreme Court supremacy in interpreting our Constitution, a doctrine which has survived and thrived down the centuries to the present day... and Robert's Obamacare opinion.
http://en.wikipedia.org/wiki/Marbury_v._Madison
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