Bench Memos

NRO’s home for judicial news and analysis.

Obama vs. SCOTUS


Ryan Lizza reports:

Whether the Supreme Court overturns the [Obamacare] law in part or in full, the White House will need to respond publicly. “The strategy is to just go on the offensive and say, ‘Look at Citizens United, look at the health-care decision, look at Bush v. Gore,” the former aide said. “We have an out-of-control activist court, and Romney will make it worse. That’s Plan A. Plan B is nothing.”

Lizza’s source isn’t predicting anything we didn’t already expect. President Obama field-tested the Court-bashing strategy a few days after the Court was scheduled to vote in the case. And who could forget the time he used the State of the Union to attack the justices for their decision in Citizens United. But I have a hard time believing that this post-Obamacare “strategy” will bear fruit so long as the law remains deeply unpopular, even if it does succeed in getting liberals to grow fond of using and redefining the term “judicial activism.”    


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