“Conventional Wisdom” on the ObamaCare Court Decision

Should we take anything serious that the author of this piece on the ObamaCare court decision writes after its opening two lines?  Here they are:

Conventional political wisdom holds that the U.S. Supreme Court, scheduled to hear a challenge to President Barack Obama’s healthcare law beginning on Monday, is likely to strike it down on partisan lines. The court’s Republican appointees enjoy a 5-4 majority.

This is remarkable given that the conventional wisdom for a long-time, held even by ObamaCare’s opponents, is that a court victory for the administration is the most likely result of the legal process set in motion by the passage of the controversial law and its individual mandate. 

It makes me wonder if the commentariat – after long-holding that the legal challenge was going nowhere due to its jurisprudential baselessness (see Nancy Pelosi and Linda Greenhouse, for example) – is preparing the intellectual and political information battlespace for a court loss.  In particular, are they trying to build the narrative that a decision against ObamaCare would have to be the result of pure politics since serious people across the board agree that the law is constitutional?  Naturally, this ignores a lot of smart voices out there who have made the case against the law (including all of the great work done by the “Most Interesting Legal Scholar in the World“). 

Of course, the piece’s author is right that there may be 2 (or more) “conservative” votes out there supporting the law’s constitutionality.  So we could get a 6-3 or even 7-2 vote.  But that would just be repeating what we’ve heard as the conventional wisdom since the process began!

If I could get one wish politically (domestic) for 2012, it would be that this abomination be struck down by the Supreme Court.  I’d even prefer this to adding President Obama to the unemployment rolls.  I engage in no hyperbole when I say that the logic of the individual mandate is far more dangerous to our future than anything that Obama the Sequel could reasonably do ahead (especially given that Republicans won’t lose the House in 2012 or 2014).

6 thoughts on ““Conventional Wisdom” on the ObamaCare Court Decision

  1. The election of Obama to a second term following the overturning of the “Obamacare” law by the Supreme Court would move the start date of Obama’s second term lame-duck period to November 7, 2012.

      1. Good point. Foreign policy will be the one area under his control that he could act to, in his mind, cement a positive legacy for his presidency.

  2. I fully expect the Supreme Court to approve the individual mandate and all the other intrusions and price distortions of ObamaCare. The Court has increasingly approved of the State’s intrusions, including their 8-1 decision to allow police to break into people’s homes without a warrant.

    They will probably also approve Obama’s recent executive order, the NDRP for martial law, seizing of private property and involuntary labor conscription, and of course Obama’s NDAA law to arrest and detain civilians without due process, without any evidence against the accused.

    On ObamaCare, Obama seems to be having even more delusions of grandiosity, in possibly preparing for a Global ObamaCare scheme:


  3. The Constitution? The Constitution has been a dead letter for the last 100 years. Step by step the Constitution has been so twisted and changed that the original intent of the Founding Fathers is a distant memory. We don’t live in a nation of laws,we live in a nation of powerful men who want to rule people’s lives. As far as individual rights are concerned in relation to Obamacare, when people got their Social Security numbers they stepped out of the status of being an independent sovereign citizen and into the status of a ward of the State. Having a Social Security number and filing an Income Tax return places you squarely in a position of giving the government the power to mandate you to do what they want,Supreme Court decisions or not. Don’t expect the Supreme Court to save whats left of your Constitutional Rights. You have to fight for those Rights. Its not an easy fight. There are American citizens who carry the label of “illegal Tax Protester” who have fought for their rights and have been railroaded into a jail sentence. Others have fought for their 2nd Amendment Rights and have been gunned down. There is no easy way to hold onto your sovereign Constitutional Rights. If people think that, they should visit the graves of Revolutionary War Soldiers who fought against King George’s IRS agents.

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