Supreme Court and ObamCare

March/28/2012 16:23PM
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Here’s my take on the Supreme Court and their position on the individual mandate portion of ObamaCare.

Justice Anthony Kennedy is considered the swing vote. He expressed serous skepticism about the constitutionality of the mandate. The Solicitor General had a difficult day articulating his position supporting the mandate. There is really no viable defense. There is no limiting defense. The mandate changes the relationship between the government and the individual.

Experts say you can’t predict the outcome of a Supreme Court case based on oral arguments. It plays a key role, but it is not a predictor of the outcome. But, with Justice Kennedy voicing serious concerns about the mandate, it’s fair to conclude the mandate may be in trouble.

Now, the Court focuses on the severability issue, whether ObamaCare can stand if the mandate is struck as unconstitutional.

Two things are clear to me. First, the mandate and the law both need to go. Second, if Obama gets a second term we will have a court packed with liberals who will rubber stamp anything Obama wants.

If you are on the fence and looking for another reason to vote for “anyone but Obama” consider that.

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