In fighting a war, the danger is always that you will come to resemble your enemy, adopting his basest tactics purely for the sake of victory. That happens in politics as well, as President Barack Obama and his allies are now demonstrating.
Obama has done his best to undermine respect for the Supreme Court on more than one occasion. After it ruled that corporations and unions have the right to spend money communicating about candidates during election campaigns, he denounced the court for choosing to "open the floodgates for special interests."
He made that claim in his State of the Union address, in the presence of several justices. It was hard to recall a moment in the last half-century when a president had so brazenly challenged the court.
But it was just the first. After the court heard oral arguments on the constitutionality of his health-insurance overhaul, Obama took the opportunity to fire a warning shot: "I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress."
As a former law school lecturer, he is not unaware that overturning laws passed by democratically elected legislators is what the court does all the time -- and what it is charged with doing whenever those statutes punch through the limits established by the Constitution.
Later, the White House said he only meant that overturning a law on "a matter of national economic importance" would be unprecedented. Of course, a federal individual mandate to buy health insurance is also unprecedented. So either way, something's going to be done that hasn't been done before.
In any event, Obama's criticism could well have come from a hard-line conservative with a crabbed view of the role of the judiciary. It brings to mind no one so much as the Supreme Court nominee Robert Bork.
He was chosen by President Ronald Reagan but rejected, partly because he was given to decrying the invalidation of laws by "an anti-democratic, indeed a despotic, judiciary" and approvingly quoting G.K. Chesterton: "The liberty to make laws is what constitutes a free people." Maybe Obama would like to steal those lines.
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