As noted previously -
Kagan is ALREADY sitting on the case. the court is in desperate need for credibility.
If they find it Constitutional - with Kagan involved - the game is over. There is no Constitution, and we live in a slowly evolving anarchy of “might makes right”.
Their only hope for credibility - of any sort - is to find it un-constitutional. Which of course, it is.
Finding it Constitutional - means we don’t have a Constitution. No need for credibility. We either have a Constituion - or we don’t. There is no choice of “maintaining credibility - and finding it Constitutional.” - there - just isn’t.
If they find it constitutional, it means that the Supreme Court only exists to judge the constitutionality of the actions of the citizen and does not exist to do the same of Congress or the Executive Branch.
What do we do with Congressmen and Senators who publicly state that they don’t care about the Constitution even though they took an oath to uphold it? We can’t depend on the dumb voters who put them in office year after year. What does the Constitution say about removal?