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Operation Middle Finger: Is the White House Administration in an acclerating temper tantrum towards Congress and the Supreme Court?

Non-enforcement of illegal immigrant deportation, exerting dubious executive privilege to prevent documents from Operation Fast and Furious falling into congressional hands, suspending agreements with the State of Arizona after today’s Supreme Court ruling by order federal agents to ignore calls from Arizona police, having Executive Orders ready to go in the event that the individual mandate in Obamacare is struck down, the Department of Human Health Services spending earmarked money as fast as they can ahead of the Obamacare ruling.  This is one very irritated, ticked off Administration.

The Obama campaign cannot be too happy at all with the Supreme Court’s decision coming down hard on public sector unions in Knox v. SEIU.  That has further wet an already damp fundraising campaign chest that has the Obama campaign going as far as soliciting birthday and wedding gifts.  With as many fundraisers that Obama has had in Hollywood already, that should tell you how badly his small donation base is doing.

Regarding Obamacare, at least on the surface it is looking good by going back and reviewing how lopsidedly bad the arguments were for the Obama Administration regarding the individual mandate and severability.  According to various reports, Chief Justice Roberts and Anthony Kennedy will be writing for the majority and Ruth Bader Ginsburg will be writing the dissent.  It’s hard to see how the individual mandate is upheld by seeing who will be writing the opinions if this does bear out.  Honestly, my guess is as good as anyone’s how this will bear out.  There is one key thing that I wonder about.   The justices do follow the news and when the Obama Administration makes statements like this that the conservative justices can see:

“Legislatively we can’t do a thing, and we are going to move full speed ahead (with implementation).”

They are really making it hard for the Court to not give the Obama Administration the Constitutional legal humbling by flushing the whole Act down the tubes which they most definitely deserve.  Considering Obama’s public humiliation of the Court regarding Citizens United and his obvious disdain and lack of respect for the Court, this action would definitely be just.  The only way to bring them down to earth is to flush down the whole act, ruling the mandate non-severable, which would be well within their legal bounds and would render any implementation dead in its tracks.  That would be sweet and I remain nervously optimistic.  If the mandate goes, the Court puts itself in the position of being legislators by deciding which sections of the law stay and which go, made all the more difficult by the lack of a severability clause.  So bottom line, the mandate goes and the rest of the law remains intact or is completely gone, all or nothing.  If the law remains intact, that could open a back door for single payer by looking at this as a result of this scenario. Of course, Roberts and Kennedy could have fooled us all with their questioning in the oral arguments and write a majority opinion to uphold the individual mandate.

Pondering all this, I must remember to say a prayer of thanks to the Lord for not putting it in my heart to be a lawyer…and it makes me appreciate those who become lawyers, judges, and Supreme Court justices.

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COMMENTS

  • checkmate2012

    the middle flag in return. I too pray the whole mess is dumped by law but have no doubt the Left led by O, will try to circumvent it someway by hook or crook. Just as today’s actions against SB1070.

    “I’m sorry, the number you have called is no longer in service. If you think you’ve reached this message in error, please hang up and try again”… repeat until AZ law enforcement hangs up in disgust.

    Ya I can whistle the tones too :)

  • Dave_A

    And I would not be surprised if the Court decides to remind him why their name starts with ‘Supreme’….

  • westcoastpatriette

    no telling how he may retaliate…we should send him a big package of giant pacifiers to suck on when the ruling is handed out. He might actually start crying, declare martial law and declare himself King. Or maybe he’ll have a breakdown and have to be admitted to a psych ward on suicide watch. I think he is close to losing his mind. If this country was not so strong and big, I would be afraid. But, there is too many of us watching him melt down as he continues to lose his grip on power and I am sure there are many employees who work for the various agencies he oversees who are sick to death of him (and embarrassed, too.)

    • checkmate2012

      send pacifiers! You encapsulated my feelings exactly. Look at the gray hair and he should be afraid of Americans, which he despises.

    • Viet71

      Rooted in the Constitution.

      I think that’s what we’re going to get. But I also believe the press and the Left will misrepresent the Court’s holding in this case. We live in bad times.

    • Dave_A

      And if he pitches a fit, or worse says ‘screw it’ and blows off the court…

      It will make it so much easier to fire him in November.

      Personally, I’m predicting a full strike-down…

      But I was expecting to see the state-immigration-crimes part of 1070 upheld too (Based on the logic that states can mirror federal law – as they do for such crimes as bank robbery, drug posession & sales, and so on)….

      Who knows?

      I’m hoping that the opinion includes a little wrist-slapping of Obama for his disrespect to the Court…

      The Supremacy of the Supreme Court lends a semblance of sanity to our political system – the institution itself provides us with a way to settle disputes that both sides (at least until now) have at least grudgingly respected…

      Obama cannot be allowed to profane the institution of the Court.

      • westcoastpatriette

        how childish and unprofessional his tantrums appear to others.

        So, all of his political retaliations are taking a toll on his popularity — and diminishing any respect the easily duped may have ever had for him. He is actually a childish, pathetic human being.

  • jonrd364

    NT

    • funwithknives

      ‘with a very large bullet’ if this approach is used. It would be a tipping point of historical proportions

      At exactly the wrong time. A finance denial bill would rocket through The House and how many Senators would stand in the way at this moment in time??
      SCOTUS Would speak and Barry would ,without exception , be outed as the TinPot he always was.

      A GOP Majority would be a 99 & 44/100ths % certainty, in Nov./2012.

      So is He Really That Stupid/Ignorant/Full of Hubris?
      You saw how quickly he ‘jumped’ for Eric Holder.
      The Executive Privilege gambit was in the books, ready for use.

      Is your ‘wonderment’ back there, somewhere, cocked and locked?
      I, for one, do not doubt it. But will he have ‘the stones’ to use it……

    • celador2

      Is it legal to enact ACA via EO if SCOTUS strikes it down?

      One provision of ACA is that states set up exchanges for lower income users seeking insurance. If a state has not carried that out the ACA threatens to go into the state and design the exchanges itself. WIthout ACA Obama has not that authority to regulate state health care.

      A state would sue in federal court and soon that court would decide as long as the Obama administration was not acting under ACA it has no authority to regulate the practice of health care in a state without the state’s consent, is my read.

      The ACA exchanges are not Medicaid but subsidized pools of needy members in a common data base.
      Also,

      Its a state role to regulate insurance so the many mandates ACA calls for employers may be srricken and Obama has no authorty to impose ACA on Blue Cross in Washinton state, for example.

      Ironically, ACA Provisions that pass on high costs to all will stay in some form but not by EO but bipartisan aggreement. Anyone who thought ACA would go away will be disappoined I fear.

      Regulating Medicare with a cost saving panel out of DC IPAB may stay on books, I fear as its about Medicare a federal program dsigned to control costs. ACA IPAB runs seniors health care not doctors and patients.

      Now I suspect much of costly provisions will remain even if ACA is tossed not because they are right but popular with GOP approval.

      The ‘slacker provision’ as Michele Malkin calls it now will remain on public dole for youth of Cadillac family plans through age 26 married or not or even of they have isurance as will preexisitng conditions can not be dropped or charged more, I think.The mind boggling RX drug benefit will grow to close ‘donut hole’ for seniors drugs, I have heard.
      .

      Many Republicans in House do not favor cheaper free market solutions but prefer to fall into the trap of being the cheaper than Democrats plutocratic remedy guys.

      ACA needs be repealed if any is left.

    • Dave_A

      If SCOTUS swings the hammer, there is no LEGAL work-around, besides an amendment, packing the court or impeaching justices…

      An amendment is dead in the water, since over 50% of the states are on the ‘Chuck It!’ side…

      Packing the court? Obama is NOT FDR – and FDR didn’t quite get that either.

      Impeachment? Good luck with the ‘trial in the House’ part…

      Now, Obama theoretically could just say ‘The court has ruled, let them enforce it’ and proceed as if nothing happened…

      It would be ILLEGAL, and it would piss alot of people off… But it is a (Remote) possibility.

      That said, he would quickly make enemies of an overwhelming majority of Congress, and most of the people – after all, we have all been taught that SCOTUS is the ‘recess monitor’ of the US political system, and their word is FINAL.

      Defying that in an election year is political suicide.