New plan: If Kavanaugh sits on the court, Democrats should foment a constitutional crisis

New plan: If Kavanaugh sits on the court, Democrats should foment a constitutional crisis
U.S. Supreme Court (Image: YouTube screen grab)

[Ed. – The Supreme Court hands down holy writ on What Our Law Is Supposed To Be — except when it doesn’t.  It’s the Left’s job to say when that is.]

But what happens when Democrats take back the legislative and executive branches? What if Democrats pass Medicare for All, and the Supreme Court strikes it down, with Kavanaugh casting the decisive fifth vote? It’s not hard to envision Democrats marching in the streets, demanding that the president and Congress ignore the ruling. And what if they do? What happens if the Department of Health and Human Services just … implements the law anyway? It’s easy to envision the presidential statement: As the chief executive, it is my duty to enact this legislation, passed through the democratic process, and to reject the illegitimate ruling of Donald Trump’s Supreme Court. The federal government, acting on orders of the president, opens enrollment, and Congress appropriates the funds as planned. What can the Supreme Court do? Send its tiny police force to storm the White House? …

In 2003, Justice Stephen Breyer referred to the “miracle” of national compliance with the court’s edicts, even in the wake of “controversial decisions” like Bush v. Gore. There is nothing inevitable or self-sustaining about this “miracle.”

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