somehow it's political in the back of the minds of the SCOTUS justices. Who says something that stupid unless they see the writing on the wall and are trying to pave the way for the excuse that "they're not doing their job, it's really about robbing Obama".

The second argument was about this not diminishing the power of Congress. It has everything to do with not allowing Congress to take even more of the power they have too much of as it is. As one justice put it (paraphrase), "If they can do this, what can't they do?"

They're saying to Congress to go back and get it done so that it is Constitutional. Pretty simple stuff. The political aftermatch is undeniable as there is no super-majority in both houses to bribe and slam a 2700-unread-page monstrosity down their throats.

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"Moderation in temper is always a virtue; but moderation in principle is always a vice." -Thomas Paine

The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government."

Patrick Henry