by Zoe Pollock
Serwer sizes up Florida Judge Roger Vinson's ruling against healthcare reform:
Vinson's ruling reflects an explicit understanding among conservatives that legal fights are not so much won or lost on matters of legal precedent, but also on the field of public opinion, and that swaying the views of Justice Anthony Kennedy, whose opinion is ultimately the only one that matters, is most effectively done by portraying the mandate as a grave, un-American injustice -- a yoke of oppression the American people are dying for the Supreme Court to lift.
Simply dismissing the "broccoli mandate" as silly or citing legal precedent won't be enough to win that argument -- liberals need to find a concise way to articulate both why the individual mandate is constitutional and why it doesn't simply open the door to limitless government abuse, and thus far, they haven't found one.
His follow-up post on a zombie apocalypse wherein a broccoli mandate might be constitutional is also worth a read.
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