[smc]

Originally Posted by TracyCoxx

It is an issue before the court because that is the only argument Obama's administration has that would make it constitutional. They don't have a leg to stand on though. Now it may be subjective in the sense that certain justices are biased. Such as Sotomayor, who would have been one of the ones who would argue the case to the supreme court for the administration. Why hasn't she recused herself? If Sotomayor, or any justice, explains their ruling based on what can be found in the constitution, then I wouldn't call it a biased ruling. But someone like her, who would have been instrumental in arguing the case to the supreme court that she now is part of is obviously a conflict of interest.

My point about subjectivity is not about bias per se. Of course, bias plays a role in subjective judgment. But as I have stated over and again in this particular discussion, my point is about the inherent subjectivity -- independent of all other things -- of deciding the so-called "constitutionality" of anything that is not specifically referenced in the Constitution. I was criticizing the definitive statement "it is unconstitutional" being used by you, or anyone else prior to a ruling, as a statement of fact, rather than "my judgment, based on the arguments, is that this is constitutional," which is a statement of opinion. And, after all, isn't what the Supreme Court issues an OPINION?

As for recusal, why shouldn't Clarence Thomas recuse himself, too? He and his wife have both benefited from specific political contributions made to his wife's organization from people who have made their particular desire to see the Affordable Care Act overturned. What's good for the goose is good for the gander, right?