From the former head of the Harvard Law Review and sometimes professor of constitutional law (via CNN transcript):
Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.
And I’d just remind conservative commentators that for years what we’ve heard is the biggest problem on the bench was judicial activism or a lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this – this court will recognize that and not take that step.
I don’t know what I find more interesting: (1) the belief that the Court overturning a law would be unprecedented; or (2) the attack on the justices as “an unelected group of people.”
Perhaps the next step will be the Judicial Procedures Reform Bill of