Nothing like having the best and brightest at the highest level of the American justice system. With knuckle-dragging blockheads like Scalia on the court, how is it possible for a country to prosper, let alone lead in this century? It hardly seems likely that there will be an honest debate about the legal issues when one of the strongest forces on the court isn't even paying attention to the details.
We should expect much more from the political class than this. From Olivier Knox at Yahoo News:
Conservative Justice Antonin Scalia suggested on Wednesday that the Supreme Court could strike the "Cornhusker Kickback" from President Barack Obama's landmark health care overhaul without having to invalidate the whole law. He was right, in a way: The notorious provision isn't in the law.
The "Cornhusker Kickback" was the derogatory nickname of one of several sweetheart deals designed to ensure that the law had enough votes to pass. Amid a public uproar, lawmakers ultimately stripped the measure from the law.
But no one—not Scalia's eight colleagues on the highest court in the land, not Deputy Solicitor General Edwin Kneedler, there to represent Obama, and not the superstar lawyer challenging the law on behalf of 26 states, Paul Clement—challenged his claim.