This Is How You Know You're Winning

Obama's trial balloon to Kennedy goes astray.

Pretty much every conservative mouthpiece has now picked up the idea that Obama saying that he believes the Supremes will uphold ACA because it would be unprecedented (at least since Lochner) to overturn it is an "assault upon the judiciary".  We also have that wingnut justice who asked a DOJ lawyer to explain whether or not the Obama Administration believes in judicial review at all.

So to recap, Obama says he doesn't think the Court will imperil its legitimacy by handing down a partisan 5-4 decision to upend a historic piece of legislation.

Conservatives wet their collective pants in outrage.

Of course, even a cursory understanding of conservative politics since Goldwater demonstrates that the modern GOP built its entire raison d'etre over "judicial activism".  They wanted to impeach Earl Warren.  The entire edifice of the Southern Strategy was based on activist judges.  There are plenty of people up and down the internet collecting these nuggets of conservative Republicans attacking the courts.  Here's a sample.

The squeals of outrage are a sure sign that this has the GOP worried.  First of all, they know how effective attacking the clergy judiciary can be.  Second, Obama's line of argument is designed especially to jab a dagger in the soft underbelly of Kennedy and perhaps Roberts.

My suggestion?  Keep doing and saying exactly this.  Don't back down.