For the past several months, I have blogged quite a bit about the left’s foreshadowing of a “Constitutional Moment” in the event the Supreme Court accepts a challenge to the constitutionality of President Obama’s (now likely defeated) health care reform.
The argument goes something like this. A very popular President is putting forward an ambitious agenda that is supported by the Congress, and the Supreme Court, which is out of step with the rest of the Country, resists these efforts.
I contend, however, that the real “Constitutional Moment” was the special election last night in Massachusetts. For the first time in decades, a Republican beat a Democrat for a Senate seat in Massachusetts. And not just any Senate seat; Ted Kennedy’s seat. If anything, this election represents a reflection of the People that this is change they do not want.
Let’s see how the other branches, including the Court, reacts to the constitutional moment.