That conservative drumbeat has convinced many voters that the Court has become increasingly political. Recent polls show that?two-thirds of Americans think politics played too great a role in the Supreme Court's health care ruling.
And indeed politics probably did play a role, as they always have. The Court didn't expand civil rights to African Americans until it was clear that the American people were becoming more open to it. And at the time (1954) the Court decided Brown v Board of Education declaring that school segregation unconstitutional, conservatives made the same case against the judiciary--saying it was too "political." They even tried to impeach Chief Justice Earl Warren.
The fact is those "liberal" justices are actually the most "conservative" in the sense of applying the Constitution's basic premise that liberty and justice applies to everyone, regardless of where we live, or what color or gender we might be. And Theissen and his conservative buddies ought to be rejoicing that they held four votes against the Affordable Care Act while their usual fifth, Chief Justice Roberts, laid the groundwork to roll back the Constitution's Commerce Clause and further lean toward states rights in their jurisprudence.
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Source: http://www.politico.com/arena/archive/do-more-gop-or-dem-scotus-picks-go-awry.html
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