IT’S BAD ON MULTIPLE LEVELS: My Los Angeles Times oped today with David Rivkin, “The Supreme Court’s Bad Call on the Affordable Care Act.”

When judges take it upon themselves to “fix” a law — or to bless an executive “fix” — they diminish political accountability by encouraging Congress to be sloppy. And they bypass the political process established by the Constitution’s separation of powers, arrogating to itself — and the executive — the power to amend legislation.

This leads to bad laws, bad policy outcomes and fosters the cynical belief that “law is politics.”

The progressive left’s belief that “law is politics” is becoming a self-fulfilling prophecy. As Andrew McCarthy pointed out in NRO this weekend, there was no speculation about whether one of the four liberal/progressive Justices would vote in any of the recent high profile, controversial cases precisely because liberal/progressive Justices don’t “wander off the reservation.”

For some reason, it’s the GOP-nominated Justices who turn out to be unpredictable.  As I said this morning on Fox & Friends, the GOP-nominated Justices are, to paraphrase Forrest Gump, like a box of chocolates: You never know what you’re gonna get.