Finally, if I get one more email from someone predicting the outcome of tomorrow?s health care cases based on a judicial speech, the timing of a dissent, or the telling flare of a judicial eyebrow, I am going to set my Out of Office response to the ?fleeting expletives? setting. Truly, nobody knows what?s going to happen, and the group hypnosis that convinced everyone that the mandate would be struck down on Monday?and is equally adamant that it will be upheld tomorrow?is starting to make me feel like a member of a very troubled cult. My friend Professor Barry Friedman at NYU* described it to me this way today: "Everyone keeps saying, ?The longer this goes on, the more I'm thinking X will happen.? But that's nuts; the decision was always going to come down on the last day of the term. What we're really seeing is our own anxiety about the case circling around in our heads.? I agree. The only thing that has changed since March is the calendar. Walter, have you any thoughts or predictions to offer? Tea leaves to read? My Out of Office response is standing by.
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