Toobin : Post-FDR hears challenge on health reform ; high stakes for Obama . He says defeat would mark U.S. as a loser ; would be bad news in today . 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 details of challenge complex ; real issue dividing U.S. : What is government 's role ? Toobin : Post-FDR court backed more activist government . Not so an election year ; outcome uncertain .
Toobin : Post-FDR hears challenge on health reform ; high stakes for Obama . He says defeat would mark U.S. as a loser ; would be bad news in today . He says details of challenge complex ; real issue dividing U.S. : What is government 's role ? Toobin : Post-FDR court backed more activist government . Not so an election year ; outcome uncertain .