The Supremes are backstage, discussing and preparing for their Big Show, when they shall ponce on out in their matching outfits and belt out their next hit: “ACA, Live or Die”. However, from what we all saw at the final dress rehearsal in March, there are reasons to worry about the show (and the reviews).

All right, enough with the showbiz simile, let’s bring the blunt, focusing on three big areas of concern.

1] Justice Scalia not only hasn’t read the bill on which he is to rule, he doesn’t want to – says it’s too much work. How do you render a decision when you don’t know the facts? You make stuff up. The idea that our Supreme Court will create judicial precedent using a toolbox composed of laziness, ignorance and preconceptions does NOT help this writer to stay in his happy place.

2] Silent Clarence’s wife has made over a million bucks from companies with an interest in the outcome of the case, which means ol’ Clare himself (being married to her and all) has seen over a million bucks come in from those litigants. But he has not recused himself. Seems like a pretty blatant conflict of interest, but D.C. has become so beholden to the green and folding that no one seems to care that a sitting “justice” is in a position to make money off his rulings. That is some scary stuff, folks.

3] The question of “who is in the market” is central to the case, and it seems like a slam-dunk – EVERYBODY is in the market, even if they are healthy (just ask Ulrich the U.). I mean, DUH, everyone gets sick or injured now and again, and rarely do they know of such events in advance. Thus Congress has the power to regulate via the commerce clause. But the justices (all of whom have used health care, and should thereby know better) were acting as if there were some question about who was in the market. Can we please cut back on the crack at judicial hookah parties?

But as bleak the outcome and dire the potential for an act of judicial activism that would rival Bush V. Gore (in which the Supremes previously usurped the powers given exclusively to Congress, and said Congress rolled over and showed their pale, quivering bellies); as much as partisanship, sloth and greed do seem to indicate that the court will screw the majority of we poor citizens; there is a glimmer o’ hope.

During questioning, two justices in particular (Roberts and Kennedy) seemed to grasp the notion that the Commerce Clause of the Constitution applies because, well, it is effing obvious that it does. If even one of them rules on that logical basis, we’re in and the health care industry has to let the light shine in on its hitherto hidden financial practices. Otherwise, wellwhatthehell, might as well shut down the Legislative Branch and send them home, since the Supreme Court will have taken over the job of making law.

Next time – Damfino at the moment, but in this crazy-arsed world, there is sure to be something to blog about.

P.S.: Mr. B & C actually worked in the health care field for a fair few years, and on the financial side at that, so he speaks from experience when he doth so bloggeth.