The Editors: Judgment Day | The New Republic

The Editors: Judgment Day | The New Republic

The Affordable Care Act is the most important law enacted in at least a generation—the culmination of a reform effort, nearly a century in the making, to establish health care as a universal right. Now nine Supreme Court justices have the power to strike it down. Their decision, of course, will have major implications for the future of our country’s health care system. But it will also have major implications for how Americans view the Supreme Court.

The architects of American government wanted to protect individual liberty, from overzealous majorities and an overbearing federal government, so they insulated the Court from political influence and gave it final authority to say whether laws were constitutional. But overruling democratically elected officials is an inherently audacious act, which is why the justices must use their power in this regard thoughtfully. They should presume laws to be constitutional, just as trial courts presume accused criminals to be innocent. And they should at least try to put aside partisan loyalties and policy preferences, making a good faith effort to discern the Constitution’s meaning and to respect precedents.