Obama Plays Offense
April 4, 2012 9 Comments
President Obama’s recent warning about the conservative Supreme Court potentially overturning Obamacare was the right thing to say, and long overdue.
Ultimately I’m confident 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 conservative side of our political fight is very well-funded and quite adept at creating political myths, including that of left-wing judicial activism. It’s factual in that the conservatives are still quite upset that the courts occasionally supported the Civil Rights movement, but it’s fictional in that our current courts are very conservative and the activism is along the lines of Bush v. Gore (handing the presidency over to the Republicans) and Citizens United (handing the right of speech over to the wealthy).
The progressive political movement could do more with its limited resources by taking the terms concocted by the conservatives (such as judicial activism) and applying them (with greater accuracy) against the conservatives. This is where the president can lead the way, with the so-called bully pulpit. I was very happy to hear him do so, albeit a couple years late.
UPDATE ON 4/5
Jeffrey Toobin on judicial overreach, including the recent hissy fit by U.S. 5th Circuit Court of Appeals Judge Jerry Smith.