Mitch’s Mistake

Published



President Obama has earned much criticism for preemptively challenging the Supreme Court’s authority to strike down Obamacare’s individual mandate. And deservedly so; his glib ignorance of constitutional history deserves a firm response.

But in criticizing President Obama and Obamacare, conservatives shouldn’t go overboard in their defense of the Court.  It is one thing to argue that Obamacare’s individual mandate is unconstitutional and that the Court can rightly strike it down.  It is quite another thing to argue that the Supreme Court alone is the ultimate arbiter of constitutional law.  Conservatives can oppose Obamacare, and support the Court striking it down, without endorsing of further advancing the theory of “judicial supremacy.”

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