U.S. President Barack Obama’s signature piece of legislation is in serious trouble – at least that’s the prevailing view after three days of “Obamacare” testimony before the U.S. Supreme Court this week.
“I’m as upbeat as I have been in the whole two years and five days now since we filed,” said Virginia Attorney General Ken Cuccinelli, referring to the lawsuit that’s been filed by 26 states over the socialized medicine monstrosity.
Indeed, the individual mandate that forms the basis of Obamacare took a shellacking from the Justices – who are understandably leery of granting the federal government the authority to coerce participation in a given marketplace.
“What is left?” Justice Antonin Scalia asked at one point. “If the government can do this, what can it not do?”
That’s a good question … although the practical dangers associated with Obamacare (its job-killing tax hikes, burgeoning deficit projections and adverse impact on health care costs) are equally perilous for the future of the country.
None of that matters to the Court, though … what matters is whether the law is constitutional.
Targeted for especially harsh vitriol from the left has been U.S. Solicitor General Donald B. Verrilli, Jr., who didn’t exactly distinguish himself in defending the law’s constitutionality.
“Sounding less like a world-class lawyer and more like a teenager giving an oral presentation for the first time, Verrilli delivered a rambling, apprehensive legal defense of liberalism’s biggest domestic accomplishment since the 1960s—and one that may well have doubled as its eulogy,” wrote the liberal website Mother Jones.
Let’s hope that eulogy analogy is accurate …
Not everyone is convinced that Obamacare is in trouble, though …
“The Supreme Court will rule 6-3 (the four liberals, plus Kennedy and Roberts) to uphold Obamacare — saying that it passes constitutional muster not because of the Commerce Clause but as part of Congress’s taxing authority,” writes Joel Achenbach of The Washington Post. “(Chief Justice) John Roberts will surely write the majority opinion and will throw in various grievances and caveats warning Congress that this does not give it the right to do whatever it wants anytime to anyone.”
Um … let’s hope that prediction is wrong.