President Obama is coming under a lot of heat for his remarks that for the Court to overturn Obamacare would be "unprecedented."
Of course at one level that is absurd from a Constitutional law professor, since he knows full well and in disgusting detail almost every single case in which the Court has in fact overturned an act of Congress.
Moreover, as something of a judicial activist in philosophy himself, he likes the Courts to do that when it suits him.
So, the President is a politician: big surprise.
That's why he's the President, since he's got top shelf game, and only vaguely resembles an aging Yerkel as to being Mr. Rogers, to mix races with metaphors.
In fact, not only has the Court overturned much legislation by the Congress, therefore making it precedented to the Nth degree, but, in defense of the President, Presidents in the past have complained about that vociferously too, making his call of "unprecedented" hardly "unprecedented," for all the virgins there are in Babylon on the Potomac.
There's nothing new under the Sun in this, although the President has to watch the political reaction, as that did blow up in Roosevelt's face in 1937, when he really pushed complaining about "unprecedented" overturning of Congressional acts by a "conservative" judiciary.
It depends in part on whose ox is getting gored, although that's the virtue of the Original Intent, as to useful fictions that impart stability, even if it's not literally always true, but still implies more continuity than people just switching sides on an argument, which is what some people thought of a certain Supreme Court decision in 2000.
In defense of the President, it is true that when the Court reaches really far, that's where things can get really nasty politically, like in Dredd Scott as that opinion had inflamatory and gratuitous language as to the issue of the day, and arguably Roe v. Wade as overbroad and premature, again, whose ox is getting gored telling much of the tale as usual, if Original Intent does have what Rochefoucauld said as to imparting order and stability: hypocrisy is the tribute that vice pays to virtue.