Although no one knows how the Supreme Court will rule, Thursday, on ObamaCare, journalists over the past few months have dismissed and derided the concept that the President’s signature legislation could be declared unconstitutional. CNN’s Jeffrey Toobin predicted an eight-to-one vote upholding the law. Former New York Times Court reporter Linda Greenhouse said that Americans who think the law is unconstitutional are “wrong.”
Appearing on the March 23 Situation Room, Toobin hyped, “I actually think that Chief Justice Roberts and perhaps even Justice Scalia and Justice Alito might join Justice Kennedy in upholding the law.” He added, “In striking this law down, it would really be a big change in constitutional law, and I’m not sure this court is ready to do it.”
On March 19, Toobin appeared on Starting Point and rejected the anti-ObamaCare argument as “weak”:
ANCHOR SOLEDAD O’BRIEN: So the bottom line is, is making people buy health insurance a legitimate use of the power of Congress?
JEFFREY TOOBIN: Correct, and the challengers in these laws have said, ‘No, this is not something Congress can do.’ What I wrote in The New Yorker this week, what I think is that basically that is a really weak argument, in that the United States Congress has been regulating health care for years, has been involved in this market for years, and this is a perfectly ordinary use of Congress’s power.
(Once he heard oral arguments, Toobin reversed himself. The journalist declared the Obama position a “train wreck” and suggested it would be shot down.)