I’d start by saying something about Herman Cain’s fairly bizarre press conference this evening, but the most important thing to remember is that he wasn’t going to be the nominee before any of this happened, and he’s still not going to be the nominee now. That said…he surely didn’t end any of this, and throwing around accusations of a massive conspiracy to make businessman Mitt Romney the nominee instead of Cain because of a fear of a businessman in the White House isn’t actually designed to reassure anyone who actually had an open mind about it, was it?Getting to the news that matters from a very busy day:
1. Here’s Jonathan Cohn’s reaction to the DC Circuit decision that ACA and the individual mandate are constitutional.
2. See also Sarah Kliff, who also takes a look at Reagan-appointed Judge Laurence Silberman, who wrote the opinion.
3. And here’s the opinion. Key quote, in my view:
We acknowledge some discomfort with the Government’s failure to advance any clear doctrinal principles limiting congressional mandates that any American purchase any product or service in interstate commerce. But to tell the truth, those limits are not apparent to us, either because the power to require the entry into commerce is symmetrical with the power to prohibit or condition commercial behavior, or because we have not yet perceived a qualitative limitation. That difficulty is troubling, but not fatal, not least because we are interpreting the scope of a long-established constitutional power, not recognizing a new constitutional right.
4. Which Adam Serwer sees as potentially meaning trouble for ACA with the Supremes.
5. The other very important news of the day was the shift at the White House away from still-in-name Chief of Staff Bill Daley. Jonathan Chait sees it as evidence that the Washington consensus of conciliation over populism is dead wrong.
6. Ezra Klein’s must-read on FDR, Obama, and why Congress matters.
7. Turning to yet another big story today: David Nir has a great pocket guide to tonight’s election returns.
8. Want to know about the important ballot questions at stake today? Jaime Fuller is your go-to source.
9. Jason Linkins, very good on the fraudulent “hypocrisy” charge against Elizabeth Warren.
10. If you’re interested in exactly why the Republican Party doesn’t seem to be able to find a sane, solidly conservative, candidate, then you’ll want to read Conor Friedersdorf’s brutal takedown of Erick Erickson.
11. Amanda Marcotte adds to the recent and important discussion of abuse that women receive when they write stuff online, and explains why #mencallmethings is brilliant. Because, you know, it is.
12. Andrew Rudalevige on the presidency and the Courts.
13. And I really like Neil Sinhababu’s ideas about Citizens United and why corporations as people is fine as a useful fiction where and only where it’s appropriate.