The legal case against the Affordable Care Act is constitutional gobbledygook. It relies on a misreading of the Constitution the Supreme Court foreclosed nearly 200 years ago, and it is completely at odds with what many of the most Court’s most conservative justices wrote in past opinions. Chief Justice Roberts, Justice Kennedy and even Justice Scalia all wrote or joined opinions that clearly establish Obamacare’s constitutionality.
There is, however, a partisan argument against the Affordable Care Act. When Congress voted on health reform, every single Republican voted to maintain the status quo. When the justices announce their decision in the health care case this month, these same lawmakers hope that every single Republican justice will join them in voting against reform. Things weren’t always this way, however. In the words of Sen. Chuck Grassley (R-IA), Republicans used to oppose “those who can’t get their policy views enacted through the legislature” who then “turn to the courts.”
Indeed, quotes from Republican senators arguing against exactly the same kind of judicial activism Republican senators now insist the Supreme Court must engage in is so common, we found dozens of examples. Here are a few of our favorites:
ThinkProgress intern Alex Brown contributed to this post.