The Justices may today begin their deliberations on the fate of Obamacare. Though it often takes them months to write the legal opinions, usually they move rapidly to vote on cases they have heard....often within days of oral arguments.
From today's Washington Post:
"In a town where secrets are hard to keep, the Supreme Court is a striking outlier. The justices and their clerks know the outcome of cases almost immediately, but it's rare for rulings to become known before the justices announce them."
"It's only a small number of people who know, and they just dont' leak."
"I mean, you're sworn to secrecy."
So we now come to the question of Madame Justice Elena Kagan, who by any reasonable standard should have recused herself from the case. The former Solicitor General, who was instrumental in attempting to formulate the administration's ( inept) defense of Obamacare ( and one could only imagine her, while watching the current ( as of now) SC, Donald Verrilli give a truly inept performance) thinking..."boy, am I glad I'm NOT the one having to try and defend this puppy.") is a political and ideological creature first and foremost, a hard core leftie.
Her question ( "isn't it OK if we just let the feds give the states boatloads of money to insure poor people?") demonstrates everything that is wrong with, and about, this woman.
But it's worth wondering if, as soon as the vote is taken..Kagan contacts someone at the WH...maybe Holder, to tell him the bad news...it's going down, and if it's in fact by a 6-3 vote, that's really, really bad news for Obama.
I have no doubt that Kagan will violate the traditions of the Court, and give the administration a heads-up. But the real question is how long before the upcoming defeat becomes common knowledge within the administration and how will they attempt to spin it.
Indeed, one can almost predict that by next week, simply by watching the behavior and comments of key Dems, we will be accurately able to call the Court's decision.
The one to watch, especially...Chuckie Schumer...