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Does Obama Lose Either Way?

You know, when I think of these things, I really should just go ahead and post them right away…it’ll make me look more prescient and brilliant than simply linking:

This is something that’s been on my mind for quite a while, and Chris Wallace put great words to exactly what I’ve been thinking lately with regard to the Supreme Court’s ultimate decision on ObamaCare:

(sorry for the commercial, the discussion with Brit Hume starts at about 3:50)

The gist is that win or lose with SCOTUS, it’s a lose situation for Obama:

Either he loses his signature legislative victory because it’s unconstitutional, or the well-over 50% of Americans who hate it have no other recourse than to elect Republicans to both houses of Congress and the White House and Obama loses obviously in that case.

This, I think, lends itself to the point I was making earlier today that this is an opportunity for those of us who love Liberty and Independence to make crystal clear the choice we have before us this year: Do we continue down the path of governmental intrusion into and management of our lives, or do we assert ourselves and tell the dictators in Washington that, No thanks, we’ll take care of our own lives?

(Interestingly, Brit makes an excellent point that I’d not thought of: Basically, with our fiscal house in such disarray, ObamaCare cannot stand on its own failures anyway. That our debt and unfunded social liabilities are so massive that it doesn’t matter what happens with the Supreme Court or—it seems he’s suggesting—with repeal even through legislative remedies…that it will collapse simply because it cannot be afforded. Scary stuff, especially considering the likelihood that he’s wrong, and that the unaffordability of any mandate dating all the way back to the New Deal has never kept this country from burying itself in debt in order to continue to feed its appetite for mother’s milk from the teat of the government trough…if you’ll excuse my abusively mixed metaphors.)

-Nick (ColoradoPatriot, from HQ)

Why the SCOTUS Decision on ObamaCare Shouldn’t Matter

Tomorrow, the Supreme Court will begin hearing debates on four issues with respect to the law:

First, the breathtaking and unprecedented matter of Congress’s suggestion that it can force private citizens to purchase goods from private companies lest they face a fine. This has been the main focus over the past several months since they agreed to hear the case. This is quite symbolic, I think, of the mammoth gorge that exists between the views of the government espoused by the Left and the Right in America today: While Conservatives see the government expansion since the New Deal as being a break on innovation, liberty, and our Founding principles, statists on the Left insist that an expansive and ever-powerful central government is necessary in order to enforce the ‘general welfare’ of the Nation. How we as a People determine the degree to which our government can dictate our individual choices will surely inform what we become as a Country as the future unfolds.

Second is the question as to whether Congress’s expansion of Medicaid is unduly coercive. (a good primer on that here from CATO.)

Third is the question of severability, basically whether knocking down, say, the individual mandate, would render the entire law invalid, or if it would just ‘sever’ those parts that are objectionable and invalidate just that. (A bit on that, here.)

Finally is the Anti-Injunction Act, that some are arguing means the whole case is moot until someone is actually affected by the law, which hasn’t fully gone into effect yet. (Tell that to the would-be employees of small businesses who are not hiring because of the uncertainty this monstrosity has created. But anyway…)

Like many who read this blog, I’m cautiously hopeful the Supreme Court will agree with me that ObamaCare is patently unconstitutional and should be annulled post haste. But like many (much smarter than I) observers, I’m not convinced this will happen.

Either way, however, our remedy should not be the Supreme Court.