Before getting to the heart of the case, the justices first wanted to deal with what seemed to be a side issue: Was the penalty imposed by the individual mandate in Obamacare a tax? If it was, the case would run afoul of a 19th-century law known as the Anti-Injunction Act, which said a tax cannot be challenged in court until someone has actually been forced...
I've said all along that if the court upheld and portion of Obamacare, it would be a political motivator and unite the tea party for Romney. That said the one problem that decision and any other decision has with Obama in office is, "whoo's going to abide by the decision, and who's going to stop them when they don't.?" Earlier in the week, we had the Arizona immigration decision, and immediately the Obama gand announced that they would not get any co-operation from the federal government what-so-ever on immigration or deportation rules. We basically have the justice department under Holder commiting the crimes they are supposed to be stopping and prosecuting. I personally think Obama and Holder will pardon each other.
No one knew it at the time, but the key moment in the Supreme Court Obamacare case came on March 26, the first day of oral arguments, when few people were paying close attention.
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