Jeffrey Toobin : Supreme Court constitutional challenge on health reform ; high stakes for Obama . He says this would mark Obama as a loser ; would be bad news in an election year . But the larger issue in the case reflects a fundamental division in American politics that has persisted for generations : What is the role of the federal government ? He says nature of challenge complex ; real issues dividing U.S. : What is president 's role ? Toobin : Post - constitutional court backed more activist government . Not so much ; outcome uncertain .
Jeffrey Toobin : Supreme Court constitutional challenge on health reform ; high stakes for Obama . He says this would mark Obama as a loser ; would be bad news in an election year . He says nature of challenge complex ; real issues dividing U.S. : What is president 's role ? Toobin : Post - constitutional court backed more activist government . Not so much ; outcome uncertain .