Barry and the Dems will no doubt make history, but it will be at the cost of the Democratic party for decades…Most Americans will put up with the waste, fraud and stupidity of both Dems & Repubs, but actually making it the law of the land “you must purchase X” , unless you are a socialist, is going to piss off most Americans permanently and beyond repair.

The Dems may want to consider a name change in the near future….

What is not surprising either, is the despicable way the Republicans and their little unethical minion have distorted the truth about this procedure.

In other words, the court did not say deem and pass is unconstitutional. Rather, it said that it did not have the constitutional power to rule on the constitutionality of an internal congressional procedure. As a practical matter, the result is the same: a lawsuit won’t work. But is worth noting that each member of Congress swears an oath to the Constitution, so, if only as a matter of their oath, it is worth debating whether deem and pass is constitutional.

As for the constitutionality of the underlying bill, Toobin is probably right. The commerce clause power has been read so expansively in the past that it is probably going to be deemed broad enough to support the legislation here. I, for one, think that the commerce clause jurisprudence took a turn for the worst during the New Deal (particularly with a case called Wickard v Filburn), but unless the Supreme Court is willing to revisit those New Deal precedents, that’s not going to be corrected. As a practical matter, I doubt there are even 4 votes on the current Supreme Court that would be willing to revisit those cases. It may be worth a try, but I wouldn’t get my hopes up.