This November the Supreme Court will for the third time hear arguments in a case that seems to pose an existential challenge to Obamacare. Individual plaintiffs, together with Republican state attorneys general and the Trump administration, are asking the Court to kill the law. Democratic state attorneys general want the justices to confirm, once and for all, that the law is constitutional. But the justices shouldn't do either. Instead, they should tell both sides the Court has no business deciding this case.
That, indeed, should be the outcome for which conservatives hope. Conservatism takes seriously the idea that our government is one of separated powers. The judiciary's role in the system is restricted to resolving concrete disputes that determine the respective rights of adverse litigants. At various points in American history, however, the judiciary's role has been stretched to a breaking point, with courts acting as a quasi-legislature. The latest Obamacare challenge threatens to push the Court far beyond this breaking point, and the justices should have nothing to do with it.
If Judge Amy Coney Barrett is confirmed to the High Court, the Obamacare case will be one of her first opportunities to weigh in on a major constitutional issue. By dismissing the suit, she and her colleagues can reaffirm their commitment to constitutional text and structure.
Read more at Newsweek