Randy Barnett, who has been instrumental in developing the legal arguments against Obamacare, asks a very good question:
Who would have thought that we could win while losing?
The “we” he refers to are those who’ve been arguing—like he has—that the federal government’s attempt to impose an individual mandate is unconstitutional. It must be very hard for Barnett to understand that although he won that battle, and the Court ruled 5-4 that it is unconstitutional, the case challenging Obamacare was lost on other grounds.
I don’t think anyone anticipated that, or at least I haven’t found anyone who did.
And this is a good question, from commenter “gcotharn”:
Obama is taxing economic inactivity.
Isn’t this the first time, in all of American history, in which that has occurred?