ObamaCare Random Thought – Nature Will Ultimately Rule?

Does anyone have the sinking feeling that the fate of ObamaCare’s individual mandate – one of the biggest Constitutional law issues of our time and one that may have vast ramifications for the future of our government of enumerated powers – is going to be determined by nature?  Specifically, assuming Justice Kennedy is a vote against the constitutionality of the mandate (and possibly ObamaCare in general given Judge Vinson’s logic), a possible future 5-4 decision against hinges on the health, well-being, and desire to stay on the court of Justices Thomas, Scalia, Roberts, Alito, and Kennedy.  The death, disability, or retirement of any of the five will essentially change history since Obama would certainly replace the justice in question with someone who will uphold the law (assuming you think Court decisions matter significantly – something a faction of political scientists would disagree with)!  Then again, maybe we shouldn’t assume Kennedy is a vote against ObamaCare?

It is thoughts like this that give me pause to the notion held by some libertarians that we should be glad McCain lost.  I have a hard time believing that McCain’s picks would have turned out to be the solid liberal block that Obama’s are likely to be for the next 20 years or so.  And imagine how many Obama could ultimately select if he wins another term?  We could be only 1/4 of the way through his presidency!  Well, at least with McCain out, the U.S. is less likely to start any foolish wars.  I hope…

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