Though I am not a historian the way I understand what happened regarding the Supreme Court and FDR's New Deal was that it was the first time the Supreme Court threw down the main legislation of any President when it "Threw out" the New Deal. However, because of public outcry the Supreme Court had to reverse itself by 1937.
So, going against the primary legislation of a standing President has been done by the Supreme Court only once before in U.S. History. And even then because of popular outcry they had to go back and allow the New Deal to actually take place anyway.
I think the difference here mostly is that only Democrats voted for Obamacare in the House of Representatives which voted it in in the house. So, if the Supreme Court votes Obamacare down it might get away with it. However, Obama is then even more likely to be re-elected as President by running against not only a Do Nothing Congress but also against an Activist Supreme Court. This likely will create some kind of Constitutional Crisis which may make (within a year or two) the Supreme Court have to allow some or all of Obamacare to stand. This is what I think right now.
I think it is very problematic for the country the way all 24 hour news programs are talking about all this. Because in the end no one really knows how the Supreme Court will vote. They too likely feel the pressure of what happened to the New Deal with FDR and the unprecedented action of striking down the centerpiece of any Presidency because the centerpiece of ANY presidency has never been struck down and stayed down ever before. So this might be interpreted by some as a racist unprecedented action by the Supreme court if it strikes down Obama's centerpiece when no white President has ever had his centerpiece legislation struck down. Any way this goes there will be some kind of Crisis for the U.S. as a result. There doesn't appear to be any good or useful outcome at present for the U.S. so I think we all should be praying about this one.
To the best of my ability I write about my experience of the Universe Past, Present and Future
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