Although the individual mandate originated as a conservative idea from the right-wing Heritage Foundation and was applied against health-care "free riders" by Republican Gov. Mitt Romney of Massachusetts, it suddenly became a tyrannical infringement on American "liberties" when embraced by Democratic President Barack Obama.
At one point in last week's oral arguments, Justice Scalia let his right-wing ideology peek out from under his black robes when he dressed down Verrilli for noting that the United States has accepted the principle of providing emergency medical treatment for a person who is injured or stricken with a sudden illness.
"We've obligated ourselves so that people get health care," Verrilli said in the context of explaining that those costs then get passed on as higher premiums charged to Americans who have health insurance. Scalia answer to the dilemma was, "well, don't obligate yourself to that," in other words just let the person suffer or die.
Again, it might be noted that Scalia and his well-to-do friends would not be the ones dumped on sidewalks outside hospitals, but rather the lesser people, i.e. those with lesser money.
Yet, after a week of posing as brave libertarians protecting Americans from President Obama's health-care reform, the GOP Five quickly reverted to form as defenders of abusive state power, with their minds likely filled with visions of naked young anti-Wall Street protesters -- male and female -- forced to bend over and expose their genitals.