Conservatives praying that high court resorts to judicial activism in ObamaCare case

If the U.S. Supreme Court overturns the Affordable Care Act, which some observers see as likely, you can expect conservatives across the land to let out with wild cheers that belie their supposed disdain for judicial activism.

Judicial activism, if you don’t know, is basically defined as a court ruling that overturns a democratically-enacted law. When it suits their political purposes, conservatives like to pretend that any such ruling amounts to judicial usurpation of the legislative function. They say it amounts to judges making law from the bench rather than just intepreting law.

The hypocrisy in all of this is that right-wingers have no problem at all when judges overturn democratically-enacted laws that right-wingers don’t like.

Of course, this whole bugaboo about judicial activism is silly on its face. The only basis for overturning any law — whether it’s one that conservatives favor and liberals dislike or vice-versa — is that it arguably violates the U.S. Constitution. I say “arguably” because judges don’t always agree on the constitutionality (or lack thereof) of certain laws. Moreover, interpretations of the Constitution have evolved over the past 200-plus years. There have been cases, for example, in which what was eminently constitutional according to the courts of the 19th century was found to be fundamentally unconstitutional by the courts of the 20th or 21st centuries.

As for judicial activism and the ObamaCare case, you’ll find some interesting slants HERE.




  1. Jim Hefner

    And of course if the law is struck down, Obama will start slam the court and demand re-election to stop the conversatives from making additional SCOTUS appointments in the next 4 years. Talk about making lemonade from lemons.

  2. Jim Hefner: Obama is going to “demand re-election”?

    Gee! I thought he was only going to run for re-election. I didn’t realize that he would “demand” it.

    Sounds pretty uppity to me. I’ve never heard of an incumbent Republican president demanding re-election.

    Obama is pretty full of himself, isn’t he? The nerve of the guy!

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