More concretely: While a defeat for Obamacare in the Court would be nice, the defeat of President Obama at the polls on November 6 is crucial. If electoral victory is achieved, Obamacare can and will be repealed—and more judges of a constitutionalist persuasion will be appointed by the next president. Indeed, one could almost say that a bad Court decision later this month would be a salutary reminder that here the people rule, and that persuading the people is the key task. As Lincoln put it in his first debate with Stephen Douglas, “In this and like communities, public sentiment is everything. With public sentiment, nothing can fail; without it, nothing can succeed. Consequently he who molds public sentiment goes deeper than he who enacts statutes or pronounces decisions.”
