Rich Galen

One wonders whether Mr. Gingrich would have suggested President Bill Clinton had the authority to overrule the U.S. Supreme Court and order the recount to continue in Florida.

Even FDR whose concern for the niceties of the Constitutional limits on the Executive Branch was almost non-existent, attempted to "pack the Court" by adding Justices who would tip the balance in his favor.

The current Supreme Court case that has the cable chat shows in a projectile sweat is the Department of Health & Human Services v. Florida: Whether some or all of the Affordable Care Act (Obamacare) is Constitutional.

The first day of arguments had to do with an arcane law (the Anti-Injunction Act of 1867) that forbids Federal courts ruling on the legitimacy of a tax law before the law goes into effect.

The reason for the law was to prevent people opposed to a given tax from suing and asking a court to issue a restraining order preventing the collection of that tax as a method to prevent any new taxes.

Waiiiiittttt a minute. Just how old is Grover Norquist?

The other to major questions are: Is the individual mandate Constitutional; and, if it is not, does that invalidate the entire law?

The play-by-play after the first full day of arguments over the personal mandate had Court watchers guessing (by the tone and number of questions from the various Justices) that the Court might be leaning toward a ruling of Unconsitutional.

The Court will probably not issue a ruling before the very end of the current term - sometime this Summer - so you don't have to stay up tonight waiting for the jury to come back.

As Supreme Court Justices say at the end of their decisions: It is so ordered.


Rich Galen

Rich Galen has been a press secretary to Dan Quayle and Newt Gingrich. Rich Galen currently works as a journalist and writes at Mullings.com.