Between now and the Supreme Court’s ruling on Obamacare in June, we’re sure to see a lot of these attacks on the supposedly activist conservative court. The Wall Street Journal editorial board did a good job yesterday skewering the idea that overturning the mandate would be an example of judicial activism, but if the court strikes down the mandate or full law as many have speculated, the “activist” argument is really the only card the Democrats can play.
Rep. James Clyburn (D-S.C.) said President Obama should campaign against the Supreme Court, painting it as a conservative, activist institution if it rules that the administration’s healthcare law is unconstitutional.
“In terms of the Congress, I believe that it would be off-base for us to do that, but for the president, I don’t think it is,” Clyburn said on MSNBC’s “Morning Joe” on Monday. “I think the president ought to take a look at what happened in years before — we’ve seen presidents run against Congress and we’ve seen presidents run against the Supreme Court. Franklin Roosevelt did it to the Supreme Court; [Harry] Truman did it to the Congress.”
Obama probably isn’t looking to Clyburn for campaign strategy, but the congressman’s comments do provide insight into the liberal mindset at the moment. The Supreme Court went into the Obamacare hearings with record low approval ratings of just 28 percent in the latest Rasmussen, and perhaps the Wall Street Journal is right that the criticism of the court is purely a public lobbying effort by the left – a warning to Justice Kennedy that his legacy hangs in the balance and an appeal to Chief Justice Roberts’ supposed sensitivity about the public image of his court.
On the other hand, liberals may actually have an appetite for an anti-SCOTUS campaign led by the president next fall, especially as their anger about the Citizens United ruling still hasn’t ebbed. But even with the court’s low approval rating, this seems like an ill-advised strategy. Obama’s health care law is unpopular, and the majority of Americans believe it’s unconstitutional. If the Supreme Court also takes that position in June, then Obama attacking the justices for it on the campaign trail isn’t going to be very helpful.