Megan McArdle has returned to blogging just in time to deliver a post anticipating the Supreme Court’s decision on Obamacare.
Personally, I suspect that progressives will stop attacking the court pretty soon. I have been much amused watching people try to simultaneously defend the fruits of Franklin Delano Rooseveltâ€™s outrageous court-bullying, while also indignantly claiming that it would be abusive, infamous, fundamentally illegitimate and also, downright mean, for conservative justices to even think about overturning long-standing precedent. Suddenly, the internet is full of Latter Day Originalists who think that the constitution was handed down by God on stone tabletsâ€”in January 1936.
Since the argument that justices arenâ€™t allowed to overturn laws passed by the legislature, or that they arenâ€™t allowed to overturn long-standing precedent, or that 5-4 decisions arenâ€™t legitimate, would undercut a vast body of laws liberals loveâ€”from Miranda to Roe to Boumedieneâ€”I tend to think theyâ€™ll give up on this line fairly quickly. Especially since going on the attack means spending even more valuable pre-election airspace saying â€œHey, voters! Remember that health care law that we passed even though you hated it? The one you still donâ€™t like? Well, I just wanted to remind you that it was also unconstitutional, according to the Supreme Court!â€
On the other hand, I consistently underestimate both the hypocrisy, and the political stupidity, of politicians and political activists.