Some are drawing that conclusion based on the conservative talk radio questions some of the Justices asked during the hearings on PPACA, most notably from Justices Scalia and Kennedy. Pres. Obama has indicated that he's aware of this possibility and that's why he offered
this warning:
"Ultimately 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."
"And I'd just remind conservative commentators that for years what we've heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint. That an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example, and I'm pretty confident this court will recognize that and not take that step."
On Sunday, Paul Krugman was much more direct:
The big bad event of last week was, of course, the Supreme Court hearing on health reform. In the course of that hearing it became clear that several of the justices, and possibly a majority, are political creatures pure and simple, willing to embrace any argument, no matter how absurd, that serves the interests of Team Republican.
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