Jonathan Cohn, at TNR, argues that even raising the issue of the constitutionality of the Affordable Care Act, and giving it such a central role in the nation's political discourse - as opposed to an argument about the ACA on policy grounds - represents a win for the far right. But, as is their wont, the far right may have over-played their hand. By focusing almost exclusively on the constitutional issue, and not the many policy difficulties the ACA raises, the far right will have little to say if the Supreme Court rules that the ACA is, in fact, constitutional. As well, the far right will not have much time to craft a response and shift the debate to the policy merits of the ACA before the November election.
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