The coverage of the Supreme Court's debate on the new health-care law often ignores an important factor: the human one. This case is not just about the theoretical legal discussions that often appear to be unrelated to the human problem of health care. Nor is just about whether the law fits within the Constitution, which, in this case, seems to be a intellectually rigorous challenge for both sides of the argument.
Rather, the case may spark the justices' own personal feelings, which they are, in some ways, sworn to ignore. A very astute colleague and a court-watcher told me he believes the justices' lingering discomfort over Bush v. Gore , where they usurped and ended an ongoing process, will make them loathe to do the same on the health-care law. An unknowable, but interesting speculation.