Unconstitutional or Unworkable and Unpopular?

The Supreme Court agreed on Monday to hear a challenge to the Affordable Care Act, President Obama’s 2010 health care overhaul law. With arguments in March and a decision in late June, all smack in the middle of the 2012 presidential race.

The Obama administration comments – purely legal:

In a statement issued soon after the decision, the Obama administration restated their argument that the mandate is perfectly constitutional

“We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree,” said Dan Pfeiffer, the White House communications director.

Comments from those opposed to the law – political. The emphasis is mine.

“It is high time for the high court to strike down this unconstitutional, unworkable and unpopular law,” said Randy E. Barnett, a law professor at Georgetown.

Anyone surprised?