Obamacare survives on June 28, 2012. It falls on November 6, 2012.
Put not your trust in judges—nor in other berobed or bejeweled personages. To the degree you trust anyone: Trust the people.
Conservatives shouldn’t count on the Supreme Court to do our work for us on Obamacare. The Court may rule as it should, and strike down the mandate. But it may not. And even if it does, the future of health care in America—and for that matter, the future of limited government—depends ultimately on the verdict of the American people.
More concretely: While a defeat for Obamacare in the Court would be nice, the defeat of President Obama at the polls on November 6 is crucial. If electoral victory is achieved, Obamacare can and will be repealed—and more judges of a constitutionalist persuasion will be appointed by the next president. Indeed, one could almost say that a bad Court decision later this month would be a salutary reminder that here the people rule, and that persuading the people is the key task. As Lincoln put it in his first debate with Stephen Douglas, “In this and like communities, public sentiment is everything. With public sentiment, nothing can fail; without it, nothing can succeed. Consequently he who molds public sentiment goes deeper than he who enacts statutes or pronounces decisions.”