However, Scott Johnson at Powerline, agrees with me, and not George Will: THE COURTS WILL NOT SAVE US
. . .I come to question Will, however, not to praise him. He has recently devoted two columns to pending lawsuits challenging the legality of Obamacare: “Four words in the ACA could spell its doom” (January 29) and the dramatically headlined “Obamacare’s doom” (May 2).
These are interesting columns and they may even be correct in their assessment of the merits of the lawsuits against Obamacare. Please check them out.
Yet they seem almost willfully naive. They suggest that the courts may yet save us from the galactic evil of Obamacare based on the merits of the arguments. Good grief, man, do you recall NFIB v. Sebelius (2012)? The merits have nothing to do with it.
In the immediate aftermath of the NFIB case, Will declared that conservatives had “won a substantial victory[.]” Yes, to resort to a cliché Will would never use: ’twas a famous victory.
Has the Supreme Court ever served as a bulwark of the Constitution or legal nicety when the chips were down? Contrary to popular belief, and the Supreme Court’s own conception of itself, I think the answer is largely negative. . .
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