We already knew about Supreme Court Justice Antonin Scalia, from his opinion in Bush v. Gore, that he could not possibly be more imperious. But not until the argument of the Affordable Care Act did we realize that he could also be utterly, inappropriately silly. I suppose one may argue that if the federal government is totally dysfunctional, it might as well be entertaining… but I am unwilling to tolerate the dysfunction for the sake of laughs.

Broccoli me no broccolis, Mr. Justice!


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  • NTodd Pritsky  On Wednesday March 28, 2012 at 11:51 am

    I guess SCOTUS has a new test for limits on governmental exercise of Constitutional powers: The Broccy Test. Replaces Rational Basis, Strict Scrutiny, etc.

    • Steve  On Wednesday March 28, 2012 at 1:58 pm

      … and instead of the typical three-pronged test, NTodd, would it be based on a three-floretted test?

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