Scalia’s Impartiality

It is pretty clear which way Justice Antonin Scalia is going to fall when it comes to deciding on the constitutionality of President Obama’s healthcare law. He appeared yesterday to be contemptuous with his mocking reference, for example, to the “Cornhusker Kickback” – a provision that in fact was stripped out before the health care reform was passed.

Chief Justice Roberts, though, as ever was even-handed in his questioning, although that was less the case with the Democrat-inclined Justices, who appeared cheerleading for the reform.

Looks like a close decision, as with Bush v. Gore and the Citizens United case. And a close decision isn’t going to help calm political passions.