It seems safe to say that no Supreme Court decision has ever been extolled more effusively by its admirers than the ObamaCare one, notwithstanding the fact that it was — in the words of the admirers — based on an unpersuasive argument whose coherence is easy to question.
Jeffrey Toobin at The New Yorker described Chief Justice Roberts upholding ObamaCare under the “tax” argument as a “singular act of courage” — although Toobin admitted, “[f]rankly, that argument is not a persuasive one.” Jeffrey Rosen at The New Republic described the chief justice’s action as an admirable legal “twistification,” comparable to those of Chief Justice John Marshall — even though it “would be easy, of course, to question the coherence of the combination of legal arguments that Roberts embraced.” Unpersuasive, incoherent, but what an act of courage!
It’s not quite John Edwards territory, but it’s close. The New York Daily News (h/t Glenn Reynolds) reports:
One of the media elite’s most whispered-about scandals went public Wednesday when married CNN correspondent Jeffrey Toobin squared off with a woman who says he’s the father of her baby. Yale-educated lawyer Casey Greenfield — the daughter of eminent CBS News analyst Jeff Greenfield — had a chilly faceoff with Toobin in Manhattan Family Court. … Toobin, who glumly sat several rows away from Casey Greenfield before the hearing, is said to have privately admitted to fathering the child, believed to have been born last summer, sources said. A friend of Greenfield’s said the outspoken Toobin has resisted putting his name on the infant’s birth certificate and hasn’t given his former lover the child support she’s requested.
(Toobin is married to his “college sweetheart,” we are told, and has two teenage daughters.) Well this is a little embarrassing for someone who opines on others’ legal obligations.
And then there is the deliciously revealing suggestion (“One of the media elite’s most whispered-about scandals”) that the media, again, were not reporting a sex scandal that the media would rather not report on. Is this a protect-their-own racket or just the run-of-the-mill “give liberals a break” rule? Hard to say. I’m sure the Gray Lady’s Clark Hoyt and the rest of the mainstream media ombudspeople will get on it right away. Because, after all, they have no problem reporting on Republican sex scandals, no matter how sketchy the sourcing.