Almost never before in American history has a Supreme Court taken a law duly passed by the people’s representatives and in just two years’ time invalidated it. If that isn’t legislating from the bench, what is? Mr. Cool needs to get Hot. Against unanimous and ferocious opposition, and in the face of blatant lies about what this bill would and would not do, he and the Democrats came up with a way for people with cancer and diabetes and what have you to get the treatment they need and not be either turned away or gouged. He’s proud of that, he ought to say, and by God, he’s going to fight for it. That provision of the law is wildly popular — 85 percent supported that, in a late-March New York Times survey. If you can’t play offense with 85 percent of the people behind you, I give up.
He should also go right at Mitt Romney, on two points. First, Romney flatly opposes coverage for all people with preexisting conditions. He backs care only for those who have had “continuous coverage,” and not for people whose insurance had lapsed at any point during their illness. So Romney is against something 85 percent of Americans support.
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