Heritage.org posted an article today about Obamacare and the recent decision by the 11th Circuit. On Monday the Department of Justice announced that it would not appeal the decision by the 11th Circuit, opening the way for Obamacare to go to the Supreme Court. However, the National Federation of Independent Business (NFIB) is appealing the portion of the panel’s decision that held that the unconstitutional individual mandate could be severed from the Obamacare legislation.
The Washington Examiner posted a story yesterday about the progress of the lawsuits regarding Obamacare.
The article at the Washington Examiner states:
Obamacare’s fate will almost certainly be decided by the Supreme Court in 2012, either in June or shortly after November’s election. And neither conservatives nor President Obama can be sure whether they want a decision before or after the election.
The question that comes to mind here is why the Obama Administration isn’t working to slow down Obamacare’s trip to the Supreme Court. The longer it takes the Supreme Court to hear Obamacare, the more of Obamacare will already have been put in place and it will be harder to undo. The decision in the 11th Circuit is not totally negative for the Obama Administration–severing the individual mandate works for the Obama Administration–if the rest of the law stands, then they are still ahead of the game. The individual mandate was the part of the law most likely to be declared unconstitutional.
I have a few other ideas. I believe as this case moves forward, there will be an attempt to force Clarence Thomas to recuse himself from the case at the Supreme Court. There is also the fact that Elena Kagan worked on the Obamacare legislation while she was at the White House and should recuse herself from the case (I doubt that she will do that voluntarily). Obamacare at the Supreme Court is not a slam-dunk for either side, and there is a risk that the case could go either way. The other aspect of this is that if Obamacare is found unconstitutional, the Obama campaign will attempt to use its defeat as a campaign issue. Because Obamacare is overwhelmingly unpopular, I am not sure how effective it will be as a campaign issue.