Win, lose or draw, there is one thing that is clear in the Obamacare debate. The Republican party will see the backlash. If the law is ruled un-constitutional it will inject new life into a sleepy liberal base. Thus bringing out more Obama voters in November. Also, (right or wrong) I’m not sure that there has been a time in history where a party wins after taking something away from 30 million people. On the other side, if Obamacare is ruled constitutional it will reinforce what the president has said all along. At that point Romney might was well flip flop and take credit for inspiring the legislation in the first place.
If you can take a step back from the debate there is a bigger picture. By overruling the congress and the signature of the president the supreme court will have more power than two branches of power. I’m not comfortable with that, and I’m not sure that the founding fathers would be either. Sure, if you agree with the ruling it is fine, but when your party is out of the court or the other branches of the government you may change your mind. The right always campaigns against activist judges who side with liberal laws. With the current make up of the supreme court it’s hard to argue that they could not be label activists as well. I think the thing that we all may learn in the end is that we are all activists for the causes that we believe in, no matter what job we hold.
