The Daily Beast’s Howard Kurtz slams not just the faulty reporting on the Obamacare ruling, but all of the prognostication that led to it.
He writes, “In upholding the president’s health-care law, the John Roberts court shocked the capital precisely because the media mavens had concluded that the law’s individual mandate was about to be consigned to the dustbin of history. Toobin may have been the most visible commentator venturing a bold prediction, but he had plenty of company.
“This is the problem with so much media prognostication. We’re bad enough at forecasting presidential primaries and vice-presidential picks. But to try to divine what a court may do in a complicated legal case borders on malpractice.”
He also calls out the tendency of those who sit on Supreme Court oral arguments to conclude that a justice’s questioning equals their reasoning. The fact that Justice Anthony Kennedy was skeptical seemed to have trumped the more nuanced clues given off by Chief Justice John Roberts.
It’s also a warning if the conservative court takes up issues like gay marriage in the next term.