I have no major complaint with Charles Lane's main point -- a 5-4 decision by the Court (should Obamacare be struck down that way) doesn't mean that the public would consider the Court's decision to be illegitimate. But this part is just wrong:
The public still esteemed the court after five GOP-appointed conservative justices all but handed the presidency to George W. Bush in 2000 — contrary to many legal academics’ predictions that the decision was legally flawed and therefore a partisan blot on the court.The Florida Supreme Court's decision was overturned by a vote of 7-2. And no one has even tried to argue with a straight face that the Florida Supremes were right when they ruled that it was appropriate for counties run by the Democrats to engage in vote-adding chad inspection for Gore while denying the same opportunity for counties run by Republicans to engage in vote-adding chad inspection for Bush.
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