Maggie Gallagher

In the latest CBS News poll 38 percent of Americans want to throw out the whole law, 29 percent want to overturn just the mandate -- leaving just one in four Americans (26 percent) who want the Supreme Court to uphold the entire law.

Two years after the passage of Obamacare, just 19 percent of Americans think the law will help them, while 31 percent think it will hurt them. The new "insureds," supposedly the beneficiaries of Obamacare, are mostly young, healthy people who will now be roped into paying for something called "insurance" that actually pays for other people's health care. It's not surprising that Obamacare turned out to be much less popular than President Obama promised shell-shocked Democrats.

Of course, if the Supreme Court strikes down the individual mandate, that will not be judicial activism in the same way that striking down abortion laws in all 50 states was, or imposing gay marriage on all 50 states would be.

When the government steps in to assume a radically new power -- in this case to order individuals to buy insurance and to punish them if they do not with a financial penalty -- it's perfectly proper and fitting for the Supreme Court to scrutinize the new law to see if Congress really has that power.

Now, liberal Democrats are looking straight into the abyss of a world where courts can step in and take away what they fought hard for at the ballot box.

Perhaps they will suddenly develop a little sympathy for the conservative half of the country whose laws and norms they go to court to throw out?

Don't count on it.

Maggie Gallagher

Maggie Gallagher is a nationally syndicated columnist, a leading voice in the new marriage movement and co-author of The Case for Marriage: Why Married People Are Happier, Healthier, and Better Off Financially.