Tuesday, February 28, 2012

Americans H8 Obamacare - Interesting question from Hit & Run: "Will the unpopularity of Obamacare matter to the Supreme Court?"  Probably not.  I can easily see Justice Scalia retorting that if you don't like a piece of legislation, well, that's what elections are for.


Anonymous said...

What was the polling on interracial marriage in 1967? Or on school segregation in 1954? On restricting the police's ability to track suspects in 2012? On providing accused suspects with lawyers at taxpayer expense in 1963? On absolute executive privilege in 1974? On the feds' power to interpret the commerce clause in 1942? On a President's immunity from civil law litigation in 1997? On the government's inability to punish inflammatory speech in 1969? On malice as the legal standard for defamation suits in 1964? On striking down indecency laws in 1997? Those were all unanimous decisions.

5-4 or Fight! said...

The Supreme Court certainly didn't bow to Gallup polls when they decided Citizens United v. FEC, or Kelo v. City of New London.

And the unpopularity of the health care bill is much more of a tactically-achieved construct, as all of the detailed polls have shown. Most of the individual components of "Obamacare" are well-liked by the public. The various facets of unlimited corporate campaigning and condemning property under eminent domain never were.

Same as it ever was: it's going to require five activist judges legislating from the bench to knock out the health care law.

another Eric Lindholm said...

That damn Scalia, always looking out for the liberals.