A new poll out this morning from the Associated Press and National Constitution Center suggests that Americans continue to oppose the individual mandate by an overwhelming margin. (HT: Volokh Conspiracy).  The survey asks:

Do you think the Federal Government should have the power to require all Americans to buy health insurance, and to pay a fine if they don’t?

A whopping eighty-two percent of respondents answered “no” to this question, and only sixteen percent answered yes -- almost identical to last year's results.   Supreme Court: are you listening?  There will be no public backlash if the Court strikes down Obamacare -- just one huge, collective sigh of relief.

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tabula rasa
Joined
Jun '10
tabula rasa

Does Justice Kennedy read polls?  Let's hope so.  No risk way to be a hero to most Americans.

Adam Freedman
tabula rasa: Does Justice Kennedy read polls?  Let's hope so.  No risk way to be a hero to most Americans. · Sep 13 at 10:32am

Most of the Justices profess to be somewhat concerned with public opinion in the sense that they don't want the Court to lose "legitimacy."  Usually, that's liberal-speak to justify playing fast and loose with the Constitution, but it also may have something to do with Kennedy's somewhat unpredictable jurisprudence.

Give Me Liberty
Joined
Mar '11
Give Me Liberty

Who wants to be on the wrong side of history?  Obamacare was bad from the star; he didn't run on mandating health care; he ran on being everything to everyone.  Mr Obama, this poll is your political future and legacy it is just a matter of who will choose to join you on on the wrong side of history.

Peter Robinson

From your lips, Adam, to Justice Kennedy's ears.

The King Prawn
Joined
Dec '10
The King Prawn

 Well, file this one under "duh."


Joined
Jun '10
Wordcooper

Obviously, the problem with this poll is the right wing bias. The question should have been : Do you think it is fair for that only the rich can pay for healthcare in this country and that poor innocent children are dying because of it?

Ethan Safron
Wordcooper: Obviously, the problem with this poll is the right wing bias. The question should have been : Do you think it is fair for that only the rich can pay for healthcare in this country and that poor innocent children are dying because of it? · Sep 13 at 11:14am

It's getting there but you missed the biggest right-wing evil of all.

"Do you think it is fair that only the rich can pay for the healthcare, and can send lobbyists to Washington to make sure that you don't have free health care so you have to pay the rich for something that could easily be completely free?"

KC Mulville
Joined
Jan '11
KC Mulville

Sensus fidei ...

The law usually has some provision for how the people respond. The Catholic Church has "sensus fidei," which basically monitors whether the people are buyin' it. (After all, the Holy Spirit guides the people as well as the clergy.) Common law also has something like the same provision, and any law that people just don't buy is allowed to die a quiet death.

It isn't that there's a vague sense that Obamacare's mandate isn't being accepted ... people are explicitly shouting: Get rid of it!


Joined
Jan '11
Anon

Yesteryear, perhaps, but 82 percent for or against anything may not be enough in today's political kitchen, where cooking the numbers and parsing the polls is an art form.  Throw in the judicial proclivity for penumbras, and the political concept of majority rule has changed, metamorphosed as it were, and, apparently, for good, but not the good. 

Edited on Sep 13, 2011 at 2:06pm

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