Yeah, I waded through the entire article (which did contain a lot of valuable information), waiting to find out what this devisive, subversive legal argument was that constituted such a danger. And the only thing that came out is that Lessig is challenging the conventional wisdom that Congress has essentially unlimited power. He is providing the Supreme Court with (horror of horrors!) another opportunity to take baby steps in restricting Congress. And if the Supreme Court continued down this path, the entire edifice of modern gargantuan governmental power would tremble and risk shattering!
If only it were so...
I know I'm going to be losing a lot of sleep over the thought of Congress having its wings clipped. First off, even if they do strike it down, it's pretty unlikely that the court is going to go even one inch further than they absolutely have to. And second, for the life of me, if they did go all the way, I just can't bring myself to see that as a bad thing...