Would striking down ObamaCare hurt the Supreme Court's credibility?
The president's biggest domestic achievement, along with his re-election chances, are on the line. But the high court has a lot to lose, too
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
You are now subscribed
Your newsletter sign-up was successful
After three days of intense debate, President Obama's sweeping overhaul of the health-care system is now in the hands of nine black-robed justices. The Supreme Court's conservative judges clearly expressed their doubts about the law's constitutionality, leaving Obama's supporters fretting about ObamaCare's fate and the president's re-election chances. Meanwhile, liberals are warning that a decision by a conservative court to strike down a Democratic president's top domestic priority would hurt the court's credibility, cementing the perception that the law's scales are being tipped by politics, not justice. Is the Supreme Court's integrity at stake?
Yes. A blow to ObamaCare is a blow to the court: If the court's five conservatives take ObamaCare down, critics will accuse them "of rigging the game and covering their power play with constitutional doublespeak," says Glenn Thrush at Politico. The decision "will further erode the ideal of the court as an impartial arbiter," and make a mockery of Chief Justice John Roberts' claim that the court is a neutral "umpire" calling balls and strikes.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
And it would represent judicial activism at its worst: The ObamaCare arguments plainly revealed that the "conservative justices are prepared to act as an alternate legislature," says E.J. Dionne at The Washington Post. Apparently, they've forgotten that "legislative power is supposed to rest in our government's elected branches." If the Supremes strike down ObamaCare, the court "will prove conclusively that it sees no limits on its power, no need to defer to those elected to make our laws." Instead of giving us justice, it will "deliver ideology."
"Judicial activists in the Supreme Court"
Roberts won't allow the court's reputation to suffer: The chief justice is fully aware that a "root-and-branch assault" on ObamaCare will "thrust the court into the center of presidential politics," says William Galston at The New Republic. Don't be surprised if Roberts upholds the law just "for the sake of preserving the institutional reputation of the court." But even if the court strikes ObamaCare down, Roberts will likely craft the decision "with an eye to minimizing the damage," and take pains to issue assurances that the court's position "does not reflect ideological hostility to expansive government action."
"Why the Supreme Court justices won't be crudely political when they rule on ObamaCare"
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Film reviews: ‘Send Help’ and ‘Private Life’Feature An office doormat is stranded alone with her awful boss and a frazzled therapist turns amateur murder investigator
-
Movies to watch in Februarythe week recommends Time travelers, multiverse hoppers and an Iraqi parable highlight this month’s offerings during the depths of winter
-
ICE’s facial scanning is the tip of the surveillance icebergIN THE SPOTLIGHT Federal troops are increasingly turning to high-tech tracking tools that push the boundaries of personal privacy
-
The billionaires’ wealth tax: a catastrophe for California?Talking Point Peter Thiel and Larry Page preparing to change state residency
-
Bari Weiss’ ‘60 Minutes’ scandal is about more than one reportIN THE SPOTLIGHT By blocking an approved segment on a controversial prison holding US deportees in El Salvador, the editor-in-chief of CBS News has become the main story
-
Has Zohran Mamdani shown the Democrats how to win again?Today’s Big Question New York City mayoral election touted as victory for left-wing populists but moderate centrist wins elsewhere present more complex path for Democratic Party
-
Millions turn out for anti-Trump ‘No Kings’ ralliesSpeed Read An estimated 7 million people participated, 2 million more than at the first ‘No Kings’ protest in June
-
Ghislaine Maxwell: angling for a Trump pardonTalking Point Convicted sex trafficker's testimony could shed new light on president's links to Jeffrey Epstein
-
The last words and final moments of 40 presidentsThe Explainer Some are eloquent quotes worthy of the holders of the highest office in the nation, and others... aren't
-
The JFK files: the truth at last?In The Spotlight More than 64,000 previously classified documents relating the 1963 assassination of John F. Kennedy have been released by the Trump administration
-
'Seriously, not literally': how should the world take Donald Trump?Today's big question White House rhetoric and reality look likely to become increasingly blurred