Anyone still think the SCOTUS will uphold the PPACA?

[Alcibiades]

3. Exactly.

There's no doubt that the SCOTUS does care, on some level, about such things as its institutional legitimacy and public opinion. But Bush v. Gore showed that, when the stakes are high enough, they are willing to throw everything out the window in favor of whatever they favor politically.

In this case, it helps with the GOP narrative that Obama is a Caesaristic overreacher by labelling the PPACA as unconstitutional. It also has the side effect of pandering to the various pro-GOP lobbies, and demoralizing the Democratic base: after all, there was so much in the first two years of the administration that took a backseat to the PPACA's passage, which now appears to have been for naught.

Fine. Maybe it's time to have Eric Holder actually investigate the Bush administration's crimes. If they want to undermine the poilitical process by legislative fiat, then maybe the administration can grow a pair and investigate actual criminality.