The Hill sees battles lines drawn by the Supreme Court's questions in the past week's hearings about constitutionality of the Affordable Care Act. And, of course, there have been questions on the part of many voters about the continuing legitimacy of the Court. If the health care law is struck down, in whole or in part, the early summer decision will add to the concern -- driven, also, by Bush v. Gore and Citizens United -- that the judicial branch of our government has lost all credibility.
President Obama might be campaigning this summer not just against the GOP nominee and congressional Republicans but also the Supreme Court.
Obama faces a bigger and more direct threat from the court than any candidate in recent history. The justices are expected to rule in June on whether his signature healthcare law is constitutional, and oral arguments this week indicated there’s a good chance they will strike down at least part of the law: the mandate to have insurance. ...The Hill
If the report in The Hill is to be believed, there are signs that Democrats are seeing a political advantage here and Republicans are on the defensive.
Some Democrats see a silver lining in that scenario, arguing Obama could rally his base by campaigning against an activist “right-wing court” that is taking away healthcare coverage from millions of Americans.
“I think this will be the best thing that has ever happened to the Democratic Party," Democratic strategist James Carville said on CNN this week.
Republicans, buoyed by signs that the court might axe a law they have long viewed a threat to individual liberty, are preemptively warning that attacks on the Supreme Court could damage trust in the judicial branch.
“I’m sure some Democrat colleagues might try to do that, which would be unfortunate, because we don’t need to weaken the court,” said Sen. Jeff Sessions (R-Ala.), the top Republican on the Senate Judiciary Committee.
Obama is already running against one branch of government, arguing the “do-nothing Congress” is standing in the way of legislation that would help the economy. If the Supreme Court strikes down his health law, the president would have the opportunity to do battle with the judicial branch as well. ...The Hill
Karl Rove believes it improper for one branch of government -- the executive -- to run against another branch. But, of course, the Republican party has been running against the Court for decades.