reasons. it s really interesting. the lower courts have divided on this. even some conservative judges at the lower courts have split on whether or not this is constitutional. what do you make of that divide among conservatives, and how will it influence the court? very simple. all right? this is an unprecedented case. there s never been a case before in which congress has tried to force people to purchase something citing its commerce clause power. you have to understand there s a difference between the job of an appellate judge and the job of a supreme court justice. the appellate judge has to follow supreme court precedent, leading in any number of directions. their job is one of guesswork, trying to figure out where the existing precedent leads. the supreme court actually decides writ leads, and that s what we ll learn next year. it s going to be interesting, too, to see how the lower court opinions from the conservative justices in particular on the d.c. circuit,where you ha
reasons. it s really interesting. the lower courts have divided on this. even some conservative judges at the lower courts have split on whether or not this is constitutional. what do you make of that divide among conservatives, and how will it influence the court? very simple. all right? this is an unprecedented case. there s never been a case before in which congress has tried to force people to purchase something citing its commerce clause power. you have to understand there s a difference between the job of an appellate judge and the job of a supreme court justice. the appellate judge has to follow supreme court precedent, leading in any number of directions. their job is one of guesswork, trying to figure out where the existing precedent leads. the supreme court actually decides writ leads, and that s what we ll learn next year. it s going to be interesting, too, to see how the lower court opinions from the conservative justices in particular on the d.c. circuit, where you h