If the Supreme Court has followed long standing tradition, the preliminary decision as to the Constitutionality of the ObamaCare individual mandate and perhaps the fate of the law itself was known to the Justices on Friday of last week.
After oral arguments, it is common practice for the Justices to meet Friday morning in a conference room where each Justice votes on the case, beginning with the Chief Justice and proceeding according to seniority. Shortly thereafter, Justices will be assigned the writing of majority and minority opinions and comment on various case issues. Decisions can change over the months until presentation of the final ruling, which in the case of ObamaCare will probably be sometime in late June.
Whatever happened Friday morning, it’s a safe bet that Barack Hussein Obama was the 10th person to know, having undoubtedly received a call from Elena Kagan minutes after the meeting ended.
What will be Obama’s “stagecraft” between now and the day the Court makes its decision known to the rest of us?
Many political pundits believe Obama’s chances for re-election will be seriously impaired if the Court should find his signature power grab unconstitutional. But don’t believe it.
As was made obvious by his cynical race-baiting in the Trayvon Martin affair, Obama is desperate to gin up the same level of excitement and interest among blacks that helped put him over the top in 2008. Simply celebrating a court victory will not get it done.
But if he is able to claim that 5 biased, Republican-appointed judges prevented black children receiving the same healthcare benefits enjoyed by most whites, the important campaign “race war” will be off and running.
In the meantime, it’s doubtful we will be able to divine the Court’s decision from Obama’s words or actions. On Monday, he said overturning the law “would amount to an unprecedented, extraordinary step of judicial activism.” He made it clear that the unelected Justices have no business overturning the work done by the people’s elected representatives.
And in classic liberal form, he literally dared the Court to undo the benefits already provided to some 2.5 million children and previously uninsured.
But Obama is likely to engage in the same hyperbole regardless of the Court’s decision. If the Justices ruled against ObamaCare, he would be setting the stage for public outrage over denied healthcare coverage which is the people’s “right” and for which Democrats—the Party OF the people—worked so long and hard.
And if the Court found in favor of ObamaCare he will claim that it was his power and authority as guardian of the public good which ultimately convinced—perhaps even shamed– the Court into making the “correct” decision.The God-like power of The One!
While Obama engages in political theater until the final ruling is made, all the rest of us can do is pray that Justices Roberts and Kennedy will decide the Founders did NOT intend the America people be slaves to the federal government. With our liberty at stake, it will be a nervous 3 months.
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