Oral arguments in front of the Supreme Court over that health care law President Obama called for and signed, which forces people to buy a product from a 3rd party like presidential candidate Obama opposed, and is based on what former Massachusetts governor Mitt Romney put in place on a state level and is fine with while saying federally it is tyranny, recently took place, ending last week. On whether the law will in part or whole be considered beyond the bounds of the federal government, Obama gave the following remarks from the Rose Garden:
Ultimately, I am confident 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. [...]
I just want to remind conservative commentators that for years what we have 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 has been a good example. I am pretty confident this court will recognize that and not take that step.
Justices of the Supreme Court, upon confirmation, effectively can serve for the rest of their lives. Judicial Review allows them to declare laws void upon challenge — regardless of how popular those laws are. According to the foundational fable of the U.S. government, a key portion of which prior to becoming the head of the U.S. government Barack Obama achieved a level of recognized expertise in sufficient to allow him to lecture others about it, restraining what a “strong majority” of a “democratically elected” legislative body can do is the entire damn purpose of the Supreme Court!
If legitimacy begins and ends at “there was a vote, majority rule, bitches!”, then the implications are clear: Any judicial action whatsoever fits the definition of “judicial activism”, and any legislation that can get 50%+1 is automatically a-ok, even if it amounts to saying the other 49.9 are to be fed to lions. That someone who past majorities wouldn’t have even allowed to learn to read is willing to dismiss this just about sums up how thoroughly power corrupts.