Yes, in one way it does count. I gave a bit more color in the comments to the other thread:

http://www.thelibertypapers.org/2012/04/08/quote-of-the-day-195/#comment-84434

I’ll admit that point out that Congresspeople are often craven power-hungry asshats who’d trample the Constitution in muddy boots if it was the fastest way to get them to a glad-handing campaign fundraiser is “crying intellectual foul”. As I said in the other thread, sometimes it is incredibly gratifying to do so.

I also think it’s factually true that Congress doesn’t give a great deal of thought to the Constitutional propriety of what it tries to do. I think that it is fair to call it for what it is.

But yes, I certainly didn’t avoid letting emotion color the tone of this post, and in the grand scheme of things, that might have worked against me if I were trying to convince an ideological opponent like, say, Ezra Klein, that the Court shouldn’t defer to Congress as if Congressmen are actually upholding their oaths of office.

I think the court was grandstanding when it made the request for an explanation but it points out the reality that most of congress is clueless.