By David Kamioner | January 9, 2020
Like a water-logged sailor clinging on to a last piece of floating driftwood torn asunder from his sinking ship, Dems and 20 classic red states asked the Supreme Court late last week to preserve and defend Obamacare from the president, voters, and the court itself.
The Dems and their conquered territories are not happy and are appealing to the high court because the legally more than proficient New Orleans-based 5th Circuit Court of Appeals told them on December 18th to metaphorically go fly a kite and/or commit to other activities not fit to record in a family publication. The actual legal decision was that the Obama-constructed “individual mandate” was no longer a tax, because of a Trump administration legislative win, and therefore unconstitutional.
This is a court not legislating from the bench but instead interpreting constitutionality- just the process the Founders intended.
Perhaps even past the recently lamented New Orleans Saints and Mardi Gras, the Fab 5th is yet another reason to love The Big Easy. This writer spent some time there on the American Red Cross Hurricane Katrina Relief Effort in 2005 and can attest to the charm of the Francophile joint.
But, I digress.
The first-rate ruling made the Dems get into their foreign-made wambulance and go scurrying to the SCOTUS.
Their pleas to the Supremes may be heard with less than alacrity because this specific case will still wind its way through lower courts. It is also not without import that the high court’s de facto 5-4 conservative majority may not look with unabashed delight at this naked attempt to further socialize the U.S. healthcare system.
This case has a presidential election year angle as well. With the president going from victory to victory on such issues as the border wall and national security, and with his poll numbers holding steady, the Dems are clutching at straws (too bad they tend to outlaw them) to get a win anywhere.
Their marquee issue, impeachment, is under fire from all sides and is dying in polls. So what do they do? They reach into their soiled bag of tricks and pull out this used chestnut, this drowning ploy, to make a small indentation in the president’s momentum.
Like the future of Obamacare when it finally reaches the Supreme Court, this too is likely to experience a sad fate later in the year.
Until then, laissez le bon temps rouler!
This piece originally appeared in LifeZette and is used by permission.
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