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The interesting thing about the arguments in front of the SCOTUS is not whether they have the right to overturn laws that are unconstitutional. That is a given. It is the standard of review that is coming under question and the idea that Congress as the elected voice of the people (in theory) has the right to make policy and challenges to any law passed by Congress have a heavy burden to overcome. The conservative justices during the oral arguments felt that the weight of proof was on the Gov't to show that the legislation passed by the Congress allows the Gov't the ability to go into interstate commerce in this area. This would be a significant departure from Court precedent and you can argue that the Court has the right to move in whatever direction it sees fit. Forgetting about this particular law and whether you support it or not do you really want a group of judges that are appointed for life with very limited standard of review to start deciding matters of policy. I think that that would be a significant shift in the system of checks and balances we have in this country and it makes me uneasy.
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