How could members of the Supreme Court possibly seriously consider the argument that ObamaCare’s individual mandate to purchase health insurance is unprecedented and unconstitutional? The quality of the arguments? The presence of a genuine legal debate? No, if you ask the law’s liberal cheerleaders, there can only be one answer: pure partisan politics.
Since challenges to ObamaCare first took off, liberals have been laying the groundwork for a stepped-up public campaign against the Supreme Court should any part of the law be struck down. If the Court decides against the health care overhaul, it’s clear that President Obama and his defenders will make the Court a significant issue in the 2012 presidential campaign. Are liberals right to pin this week's developments on rank partisanship? In one sense there are. But, writes Senior Editor Peter Suderman, the partisanship that’s at fault here is their own.