The Attack on Liberal Legitimacy (Jamelle Bouie)
http://www.thenation.com/blog/167136/attack-liberal-legitimacy
We dont know how the Supreme Court will rule on the Affordable Care Act, but if it chooses to overturn the law, E.J. Dionnes assessment of the courts behavior this week will look very apt:
This is what conservative justices will do if they strike down or cripple the health care law. And a court that gave us Bush v. Gore and Citizens United will prove conclusively that it sees no limits on its power, no need to defer to those elected to make our laws. A Supreme Court that is supposed to give us justice will instead deliver ideology.
Taken in isolation, a decision to cripple or overturn the health care law is objectionablethe mandate falls within Congresss established power to regulate interstate commerce, and the theoretical argument against it proves too muchbut doesnt necessarily threaten the Courts legitimacy. Supreme Court justices are human, and this wouldnt be the first time that they made an ideologically-driven decision. But if you place the Courts (potential) action against Obamacare in the context of the last two decades, then it paints a more alarming picture.
In 1992, a Democratic president was elected for the first time in more than a decade. Almost immediately, an invigorated right-wingdriven by anger at the previous Republican presidenttried nearly everything in its power to derail Bill Clintons first term. Soon thereafter, they won an unprecedented victory in the House of Representatives and doubled-down on their efforts, resulting in a government shutdown. But this backfired, and public disgust (coupled with a rapidly improving economy) put that president back into the White House for a second term.
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