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The Corner

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Conservatives and the Courts



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Can I tell you what I’m a tiny bit sick of hearing? Maybe you are too. Some version of this: “Conservatives are hypocritical to root for the Supreme Court to overturn the health-care law. For years, conservatives have griped about interference by the courts. And now they’re hoping that a handful of unelected, black-robed individuals will do their work for them?”

Oh, come on: What we’ve objected to, all these years, is judicial activism — judge-made law. The usurpation of the legislative role by judges. We have not, to my knowledge, objected to the striking down of unconstitutional laws. We are not hostile to a separation of powers. We likes us our checks and balances. Okay?

I have no doubt there are people on the right who think that the rot set in with Marbury v. Madison. I have not met them much (as far as I’m aware).

And if the Court rules that Obamacare is constitutional — no sweat. If the American people don’t want it, all they have to do is elect people, in the executive and legislative branches, who will overturn it. Ultimately, in this system, the people decide. In 2006, I said, “Don’t make Nancy Pelosi, the ultimate San Francisco Democrat, speaker of the House. Please!” In 2008, I said, “Don’t make Barack Obama, a leftist grad student with political skills, president. Please!”

Did the people listen to me? No. They rarely do . . .

P.S. I trust that, if I’ve made an error in this post, Justice Ponnuru will correct me. Overturn me, so to speak.



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