I’m old enough to remember the “Impeach Earl Warren” bumper stickers. They were produced by the hard-right John Birch Society, and most people thought them kooky. Still, they reflected the way many conservatives felt about the then-Chief Justice of the Supreme Court 50 years ago, and the federal bench generally. The courts had expanded the rights of alleged criminals, struck down voting barriers and mandated school busing, and all this went down hard with conservatives.
Times have certainly changed. Now it’s conservatives who look to the courts to fix our political problems. Last month the District of Columbia Circuit Court of Appeals struck down a crucial portion of the Affordable Care Act (“Obamacare”), and if that decision sticks it’s going to increase drastically the premiums people have to pay. That in turn would lead to tremendous pressure to repeal the law, and that’s just what conservatives want. The decision itself was a well-reasoned analysis of a poorly drafted law, but the case was brought by conservative activists who sought to torpedo a law they opposed.