Biden Confident about ObamaCare Litigation. Should He Be?

Over the weekend, Vice-President Joe Biden said that he was confident the Supreme Court would not invalidate President Obama’s health care law.  Here’s Biden:

I’m not going to speculate about something I don’t believe will happen.

Flashback to 2000 when the Supreme Court declared then-Senator Biden’s initiative, the Violence Against Women Act, unconstitutional because it was beyond the limited powers of Congress.   At the time, Biden wrote:

I am disappointed, but not surprised, by the U.S. Supreme Court’s 5-4 decision Monday to strike down the one piece of the landmark Violence Against Women Act that empowers a victim of domestic violence or sexual assault to sue her attacker in federal court. … The Supreme Court has been inching toward this decision for the last several years. In case after case, the court has grown increasingly bold in stripping the federal government of its ability to make decisions on behalf of the American people. … This court, molded by conservatives, has proven eager to substitute its own judgment for that of the political branches democratically elected by the people to do their business.

Go here and here for additional background.