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Thinking the “impossible”: what if Obama refused to obey a Supreme Court decision that completely tosses out Obamacare?

The first time you say it, the tendency is to laugh, and say, no way, couldn’t happen, they wouldn’t dare.  After the second or third time the mind begins to come to grips with the possibility that they just might try it.

Conservatives have long known that for the left,  our deeply held conviction that the US must, above everything else, be a nation of laws, with the concept of “adherence to the rule of law” being the key, is for the left, just the means to an end.

Every time conservative legislatures, at the local, state, or federal level, have passed a bill that upsets the left’s objectives, their immediate first action is to forum shop, to run and find a friendly ( liberal)  judge to issue an injunction.

Since Bush v. Gore ended the farce of the  Florida recount, liberals have long held that the Court (wrongly) decided the election; thus the Supreme Court is itself a purely political body and therefore is somehow tainted.

Obama blatently attacked the Justices during a prior State of the Union address,  Recently Sen. Leahy flat-out told the court that it had NO BUSINESS intervening in a law passed by Congress. IOW, the Supremes should just “butt out”, with the Court having no say in assessing the constitutionality of legislation. Who knew?

And as the decision draws near, we are hearing more and more administration spokesmen, bloggers, MSM, leftish commentators, and the ENTIRE commentariat over at MSNBC take pre-emptive swipes at the upcoming Court decision.

The political situation for Obama has worsened considerably these last few weeks. The left is now openly speculating that Obama could well lose this November. It is only behind the tightlybotoxed skin of Nancy Pelosi can one find a single brain cell that actually thinks that the Dems can retake the House. And the Senate is all but gone for the Dems.

That is why we are now seeing multiple calls for the Obama administration to take action on many of their agenda items, by executive order, bypassing the Congress, on a whole laundry list of actions and regulations.

So for Obama, why not roll the dice, and when the Justices, most likely by a 5-4 decision) throw out the entire Affordable Care act, refuse to obey the ruling.

It would throw the country into total chaos, which many believe IS the real objective of Obama and the hard left.

The script can easily be imagined, and all but writes itself. The left so very good at this sort of thing. Especially so, if they believe that this course of action might save the election for themselves.

Remember the putative atacks on Justice Thomas, (via his wife’s political actions)) in a failed attempt to get him to recuse himself from the case.

Can anyone NOT easily imagine Obama speaking thusly to the nation:

“My fellow Americans, as you are well aware, today the Supreme Court ruled the Affordable Care Act unconstitutional. As your president, and as a former professor of constituonal law, I must tell you that I cannot concur with this decision, and my administration will NOT obey the Court. This Court has proven time and time again, going all the way back to the 2000 election, that it is nothing more than a political arm of the Republican party. As just one example, if Clarence Thomas had recused himself, as he should have, because of his wife’s active lobbying against this bill, the Court’s decision would have been different.

I cannot allow the health and welfare of tens of millions of Americans, working mothers, and children, who desperately need health care, to be affected by this politically driven ruling.

And that is why I am going to be making the case to you, the American people, this fall, that I need your votes to be re-elected in November. The next president will most likely have several vacancies on the Court to fill, and it is vital that I am able to appoint judges that will not obstruct my efforts to move America FORWARD!”

For Obama and the Dems, if they’re headed to a defeat, then they have absolutely nothing to lose.
Again, it sounds laughable the first time you contemplate it; after the second or third time, it makes sense. And with a divided Congress, there is nothing that could be done in opposition.

We would have a political stalemate, utter chaos, just the scenario the Dems might well welcome.

 

COMMENTS

  • lineholder

    They could be, I suppose, but I think there’s another possible way they might approach it as well.

    The last few days have been really interesting with many pundits on the left now saying “let’s just come out of the economic closet…tell the American people we want massive government spending hand over fist”.

    They’re a little frustrated with Obama right now that he hasn’t gone as far to the left as they believe he should. They believe he should be out there selling the left’s vision of what a wonderful place America will become if their agenda is implemented. And since he doesn’t seem to be willing to do the sales job to the public himself….they’re going to do it for him.

    IMO, they’re digging themselves and Obama into a hole. After all, just look at the EU. Then compare that to the success of WI. The American people aren’t totally oblivious to the facts.

    I don’t think Obama wanted to put so much emphasis on the economy because his own record during the past three years stinks so badly. His hand is being forced on that issue by many different influences, including these pundits on the left.

    It depends on how things go, but I don’t think Obama would come out with a bold power grab like the one you’ve described above. There is no doubt that the ideologues of the left see this as one of the few chances they might have for a while to implement universal health care, but I think Sebelius is much more likely to pursue a behind-the-scenes stealth-like approach to countermand any decision that SCOTUS might make.

  • trimulchio

    and there are a lot of Executive Orders at the margins.

  • http://www.taxpolitics.com taxpolitics

    Between his use of Executive Order and the use of government agencies implementing laws and regulations without route of Congress, I never thought I would imagine a President ignoring a SCOTUS ruling, but if there would ever be one to do it, Obama would be that one

    http://www.taxpolitics.com/2012/04/constitutionalism-judicial-activism/