While 2008 was clearly the year of Obama, 2012 may well go down in history as the year of NObama. Not only are his polling numbers sliding lower day by day with less than a year to go before election day but in March of 2012, the Supreme Court will hear the case against Obamacare.
Now we have word that also in 2012, the Supreme Court will hear the case Obama’s DOJ has brought against Arizona (and other states) regarding illegal immigration.
Obama has, for the last 3 years, tried to make a living off these two issues and now it looks as if things might not go his way in the highest court of the land.
With Obamacare, it is the individual mandate portion of his bill which is at issue and the Commerce Clause which could well, and should doom it. Never before has the Commerce Clause been used so broadly as to force American citizens to buy a good or service. It is doubtful that the Supreme Court will grant to the government such powers as it would clearly open the doors for any administration to follow suit regarding any good or service they so choose.
I, and many others expect a 5-4 decision going against the individual mandate and therefore, removing the funding process for Obamacare.
Now, the Supreme Court has agreed to take up the Arizona Immigration legislation known as SB1070.
This too seems destined to be a ruling against Obama and his administration.
Justice Kagan HAS recused herself from the case and the decision as she was, before becoming a Supreme Court Justice, Obama’s Solicitor General.
In the case of SB1070, the 9th Circuit Court found against Arizona and cited complaints filed by Mexico as part of that decision. It seems unlikely the Supreme Court will afford such weight to how foreign nations feel about laws passed in our own states.
Also of note, the 9th Circuit Court decision rather flies in the face of existing federal statutes.
The fly in the ointment for the Supreme Court’s agreement to hear this particular case lies in the recusal of Justice Kagan. With Kagan taking herself OUT of the mix, the deciding vote, as would be the case against Obamacare, would fall to Justice Kennedy.
Should Kennedy side WITH Arizona, the vote likely would be 5-3 upholding SB1070 and therefore, other state’s laws drafted along the same lines.
Should Kennedy side with the 9th Circuit and Obama’s DOJ, the vote would end in a stalemate at 4-4.
Should a case end in a tie, the ruling, in this case AGAINST SB1070 would be upheld. Of course a rehearing could take place WITH Kagan but it would be very UNLIKEY in such an event for any Justice to reverse their original vote.
That, of course, would be the worst case scenario for those in favor of SB1070 and laws likened to it.
IF the Supreme Court stands on constitutional grounds, both cases would go against Obama and his administration and losing both cases would clearly damage his chances of reelection.
It’s fair to say, the other side of the coin would be the galvanization of the liberal base but, it must be remembered, it is independents who hold the key for the 2012 election and watching as two such high profile cases fall against Obama will, more than likely, turn independents further from Obama’s camp than they are today.
With the economy still on the ropes, no budget passed by the liberal-controlled Senate, unemployment still high, our foreign affairs suffering, the debt skyrocketing, and Obama continuing to blame everything from Bush to the weather for the nation’s ills, two major Supreme Court cases going against Obama simply cannot be spun into a positive in the months leading up to the election.