From Ezra Klein.
As a sort of disclaimer, readers should know that I consider the legal arguments to be little more than motivated skepticism: If the national expansion of RomneyCare had been signed into law by President Romney, it'd be having no trouble with conservative judges and political figures.
But the same can, of course, be said about policy arguments, which are often chosen at random to support the speaker's political preferences. In fact, the same can be said of the individual mandate, which was a conservative idea before Democrats adopted it and conservatives realized they either had to abandon it or agree that President Obama was proposing sensible legislation that echoed bills that moderate Republicans had been pushing for two decades.
This is what makes covering policy frustrating.