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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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