Justice Anthony Kennedy is the swing jurist on the Supreme Court, and he’s left liberals aghast over his aggressive questioning of the government’s positions on Obamacare. You could say he’s come out swinging, and that’s a bit out of character for him. Increasingly, it does look as though a 5/4 decision dumping Obamacare is in the works, but it’s not going to be entirely based in wonkish legalities; it’s also got a political component, and Barry tripped the wire to this particular mine all by himself, when two years ago during his State of the Union speech, he took a step unprecedented in American history: he berated the US Supreme Court before a worldwide audience because he didn’t like their campaign finance law decision.
And the author of that decision was none other than Justice Anthony Kennedy.
Ruth Ginsburg, being a Constitution hater who has recently been quoted in the media as advising against using our Constitution as a model, is certain to decide in favor of upholding Obamacare; as a good little Socialist, she doesn’t see a need to do anything more than perhaps eliminate the individual mandate – she stated yesterday that the decision shouldn’t be a “wrecking operation, but a salvage operation”. There’s just one problem with that: in their haste to ram the bill through, the Democrats failed to include the standard separation clause. This means that if any portion of the law is found invalid, the whole thing gets thrown out, and it doesn’t matter how Ruth feels about it.
What it comes down to is this: the girls and the other liberal on the court will decide to overlook the issue of Constitutionality, while the conservative justices will – as they should – render a decision based upon Constitutional grounds. The wild card is Justice Kennedy, who has solid Constitutional grounds for siding with the more conservative Justices in this decision, but doubtless also has the political aspect gnawing away at him.
One does not demean the US Supreme Court, and the author of their decision, and expect leniency when your case comes before them. They are, after all, human. And while the Socialist wing of Ginsburg et. al. may be willing to forgive the behavior of a fellow Socialist, others are unlikely to be so accommodating – especially when they know that Constitutional law favors their position.
The decision, when rendered in June, will likely result in voiding Obamacare, and over the course of the following four months, Barry and his fellow Democrats, who hooted and hollered like displaying chimpanzees at Barry’s State of the Union speech, will work the decision relentlessly into a campaign for increased socialism.