Wednesday, September 28, 2011

Does Obama want the USSC to Kill Obamacare? Maybe


Does Obama want the USSC to overturn Obamacare?

The other day the Obama Administration said it would not seek an
appeal en mass to the 11th circuit ruling on Obamacare but rather it
would petition the USSC to decide the case. This action more or less
fast tracks the decision with a USSC decision likely before next
June.Conventional wisdom had the Obama Admin slow walking this through
the courts hopping to delay a USSC decision until after the election
possibily until the law began to take effect.

Whether or not the court would throw out the law is any ones
guess.Constitutional scholar's on both sides of the law have made
valid claims. But what has never been in dispute by any rational
person is Obamacare's unpopularity with the American people The
numbers have been bad since passage and have slowly gotten worse.

The Republicans undoubtedly will try to hang Obamacare around the
president's neck as reckless lawmaking and a job killer in an economy
that most think has never come out of recession. So what can the
president do to blunt this arrow and minimize this avenue of attack by
the GOP? He can cause the USSC to kill the law. Putting up weak
defense and pressuring Kagen to recuse herself could insure a defeat.

Obama could kill the law himself if he were to sign the Republicans
repeal bill, (providing it could make it through the senate), That
however would be an admission of failure of Gaussian proportions. it
would kill off support from his base faster than announcing U.S. was
going to invade the Palestinian territories.

However if the supreme court were to throw out the law it removes that
arrow from the GOP's quiver and Obama remains blameless. But here is
the silver lining to that storm cloud. Obama would now have an enemy
to run against. Demonizing the Teaparty hasn't worked, Mostly due to
the fact that you can't put a face on the Teaparty. Furthermore when
you try to demonize the tea party defenders from all across the
political spectrum have been popping up. Attacking the Teaparty in a
national election campaign is an un-winnable game of Whack-A-Mole. But
the USSC is a different story. They are just 9 people and really only
4 of them are the "enemy" to Obama. It would be easy to say Roberts,
Allito, Scallia and Thomas took away your healthcare.

The Campaign can now be that Obama needs to be re-elected so he can
assure the next president won't appoint more justices along their
political ideology. The jackpot is that the USSC will not respond.
Obama's perfect enemy, an enemy that won't fight back.

To sum it up, Losing Obamacare in the USSC means Obama doesn't have to
spend the campaign defending an unpopular law, Obama can then decry
the injustice. Obama can continue to make the claims of law being paid
for, reducing the deficit and creating creating jobs and what are the
republicans going to do? Attack a law that isn't even a law any
longer? But here is the real kick in the ass, Obama can run on the
platform that he will fix health care. It's 2008 all over again.