"The truth is, that, even with the most secure tenure of office, during good behavior, the danger is not, that the judges will be too firm in resisting public opinion, and in defence of private rights or public liberties; but, that they will be ready to yield themselves to the passions, and politics, and prejudices of the day." --Joseph Story
Judicial Review is unconstitutional. The Constitution gives that authority to the federal courts nowhere within the text of the document. John Marshall's opinion inMarbury v. Madisonseized that power for the courts. However, the Supreme Court's opinion of a law, through the use of Judicial Review, is not a completely worthless thing, either. Constitutionally, the lower courts respect the opinions of the higher courts, and rule in accordance. In other words, if the Supreme Court rules Obamacare unconstitutional, it does not strike down the law, but it will neuter it as far as the courts are concerned.
