Yesterday President Obama said it would be an unacceptable act of judicial activism for the Supreme Court to overturn the Affordable Care Act:
“I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.”
The high court’s shift to the right since John Roberts was appointed chief justice is worth noting, as is the judicial activism that Obama warned against at a news conference:
“I’d just remind conservative commentators that for years, what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this court will recognize that and not take that step.”
Politico said that the statement by the President “injects a high-level dose of politics” into the ruling, but the fact is that this case has been political all along. From Scalia quoting GOP talking points (including going on about a proposed provision that never made it into the law) to state attorneys general saying they won’t abide by the law anyhow, the Supreme Court case has been a vehicle for an unvarnished political attack on President Obama and the Democrats.