Legislating from the bench | Arkansas Blog

Wednesday, February 2, 2011

Legislating from the bench

Posted By on Wed, Feb 2, 2011 at 7:02 AM

Republicans who normally decry legislating judges are loving the Florida federal judge who struck down the entire health care reform law. Some states with Republican leaders are using the ruling to stop implementation of the law. Democrat-led Arkansas continues its work to comply (at last report).

Funny, though, that four courts have ruled on the case and the rulings have split 2-2 for and against the law. Republicans naturally choose to follow the decision they like most. Given the overtly partisan Republican majority on the U.S. Supreme Court, that may prove a good bet in time. My hope is that appeals stretch beyond the 2012 election. With implementation of the many good features of the law — on which most polling still shows the country roughly split — and re-election of President Obama, would the unelected U.S. Supreme Court, by a one-vote margin, really override an electorate that ratified leadership by a president who staked his office on this monumental legislation, not to mention an overwhelming congressional vote? (I know. A lot of wishful thinking underlies that question.)

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