ANDREW SULLIVAN SAYS IT'S NOT A BIG DEAL THAT
Congress past CFR even if they thought it was unconstitutionsal because they couldn't know the Court would find it so with "metaphysical certainty." Since "metaphysical certainty" is impossible, memebrs of Congress are absolved from any duty to scrutinize bills they favor for Constitutionality.
Sorry, I don't buy it. Congress and the president took an oath to "protect and defend" the Contitution. If I've taken an oath to "protect and defend" your life, I don't let a masked gunman past me, regardles of whether or not there's a "metaphysical certainty" that he will try to harm you, or if I think the folks behind me will stop him before he does any damage. He represents a credible threat; I cannot let him by me.
Sullivan compares this to representatives passing abortion restrictions despite the Supreme Court finding them unconstitutional. I disagree, because I think the representatives in question disagree with the Supreme Court that the restrictions are unconstitutional. I think most members of Congress recognize that some aspects of CFR are unconstitutional, but are voting for it anyway for political expediency.
This represents a serious break from their oath, one they cannot slither out of just because the Court's decision is not "metaphysically certain."