Rioting in the Streets

[davidebernstein at aol.com]

I find it extremely unlikely that there would be rioting in the streets 
over the invalidation of a law that had the support of only 43% of the 
public, and whose opponents within the public were a lot more adamant 
than its proponents.  More likely, there would be celebrations in the 
streets.  Sandy is a student of the politics of the Constitution, so he 
is surely aware that the unpopularity of the law, combined with its 
passage by a bare majority, makes it a lot more likely that the Court 
will invalidate it than if it was wildly popular and passed by a large 
bipartisan majority.  If the GOP takes the House in November, 
invalidation becomes even more likely, though the House Republicans 
could "kill the bill" themselves by steadfastly refusing to appropriate 
any money to implement it.


>
>   Sanford Levinson wrote:
>
>     I confess I find it also a bit bizarre that the
>     discussion proceeds as if it is totally irrelevant
>     that a 5-judge Republican majority  will be asked
>     to set aside, on the basis of remarkable
>     controversial (and, for many of us, entirely
>     dubious) theories of the Constitution, the most
>     important piece of domestic legislation in almost
>     fifty years.  I think it would be a far more
>     remarkable piece of interventionism than even the
>     Old Court in 1935-36 in terms of the invalidation
>     of a truly central (indeed, transcendentally
>     important) piece of legislation.  Would there be
>     rioting in the streets if the Court did that?  I
>     certainly hope so.
>
>
>
>     sandy
>
>
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