John Feehery: Speaking Engagements


Obama Tries to Escape from Obamacare

Posted on April 3, 2012

            I have a theory as to why President Obama attacked the Supreme Court over their decision (not yet made) on the constitutionality of Obamacare.


He wants the Supremes to rule it unconstitutional.


He knows that the health care law he signed (after jamming it down the throats of a reluctant Congress) is extraordinarily unpopular with the American people.


He knows that it will bust the budget should it be left unmolested.


He knows that he can’t back out of it.  Too much of his personal prestige is on the line.


He knows that the first skirmish over the conscience clause is only the beginning of a long war about the efficacy and fairness of this law.


He knows if it is left in place, it could bring down his re-election campaign.


He also knows that the only way to get Anthony Kennedy to rule against him is to insult him.


Call him and his colleagues “unelected” as if they didn’t have to go through a grilling process that only a proctologist could really appreciate to get appointed to the highest court in the land.


Lecture him  on what is constitutional and what is not constitutional, as if he were one of his first year law students, and not the final arbiter of the law under our Constitution.


Hint that he is a “judicial activist” for even thinking about ruling against the President.


And then offer this superficial tautology as to why the law should be kept:  “This law will be upheld because it should be upheld.”


Obama is no dummy.  He knows that these comments will get under Justice Kennedy’s skin.  He chose his words carefully to inflict the maximum sting, and he is doing it for one reason.


He wants Obamacare tossed out.  He knows he can’t do it.  So he is getting the Supreme Court to do it for him.


As a matter of fact, I wouldn’t be surprised if Obama called in Donald Verrilli, and told him to take a dive.  Verrilli is a very gifted orator and a great lawyer.  His performance before the Supremes, though, was embarrassing.  I couldn’t have done worse, and I am not a lawyer.  The only real explanation is that the President told him to offer the weakest possible defense of the law (which he did), and hope that the Supreme Court takes the bait.


I am on to you, Mr. Obama.  I know what you are doing.


And for once, I agree with you.  The law is terrible.  It ought to be declared unconstitutional.  I may not agree with your tactics, but I understand your goal.  Escape from Obamacare.  We all feel the same way.

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