It looks like it was not a good day for Obamacare and by extension, all those law makers who pushed it. While it is certainly too early to tell and anything can change, it appears that the government had a bad day in front of the Supreme Court. The Solicitor General was so bad that Justice Ginsburg and Justice Kagan interjected to help him out. They were pushing him in the right direction and assisting him in making his case. By the way, Kagan should have recused herself but she is a liberal and they have no ethical principles.
The conservative Justices asked tough and pointed questions that the SG was not prepared to answer. The left has hopes it can pluck one of the conservative justices and win a 5-4 decision (because the liberals will obviously never vote in favor of the Constitution) and they might succeed. Some are left wondering if Roberts or Kennedy will be that fifth vote and most say it is too close to call. I think it will be 5-4 overturning but it would not surprise me to see the thing go the other way.
Our Supreme Court has been a political branch rather than a judicial overseer for far too long and has engaged in social engineering many times. I believe that it is a sad thing that there is not a unanimous decision against something the Constitution does not allow. To see that a number of our highest judges can’t get on board with the Law of the Land is disheartening.
However, I can understand why the Court is confused. The Obama regime called the fine a penalty and then a tax and then a penalty and then a tax and Obama has argued both sides of the mandate. He argued one way as a candidate and another after he won (he was against it before he was for it). This is well illustrated in this video:
This very plainly shows that Obama argued one thing when he wanted you to vote for him (which many of you foolishly did) and then another way after he suckered you into voting for him. This is probably the kind of deception he was signaling when he told the Russians to give him space because he would have more flexibility after the election. Imagine how he could really screw us over when he does not have to worry about reelection…
Like I indicated, it is too early to tell and we really won’t know for sure until the ruling comes out in June but the talking heads were very sure that today was a bad day for the government. The Obama media were all sweating bullets, NPR, CNN, and the rest were in disbelief.
They are already writing the mandate off.
Next up is the severability. If they overturn the mandate will they trash the entire law or just the mandate? There is no severability clause so the entire thing should go but it is unlikely they will do that.
What does it mean? If they only throw out the mandate the other parts of the law will cause private insurance companies a lot of headaches and the Democrats would love nothing more than to have that happen so they could push for a single payer system. Many on the left say that Obama wins either way but I am not so sure.
If it is upheld then it will cause more Republicans to go to the polls to vote in people who will overturn it.
If only the mandate is overturned then Republicans will work just as hard to vote people in to get rid of the rest.
If it is completely overturned then all the people in Congress who voted for this will be painted as people who forced unconstitutional legislation down our throats and the deals and bribes will be brought to bear on them in the election.
In any event, the last two scenarios will cause a lot of Democrats heartburn as they worry about how it will affect their jobs…
It looks now like it might have been a bad idea for Obama to insult the justices during his State of the Union address. It certainly looks like his vote against John Roberts to be on the Court was unwise.
Not that the judges would hold a grudge…
But who would blame them?
UPDATE: The Daily Mail points out much of the same…
Never surrender, never submit.