With the recent ruling by the Virginia judge concerning the ObamaCare mandate forcing individuals to purchase healthcare, we can all assume that this will eventually make its way to the U.S. Supreme Court.
One man will determine its outcome: Anthony Kennedy, the moderate on the bench. The conservative judges will determime that the mandate is unconstitutional, and the liberal ones will accept the mandate. A lot of power to be in the hands of one man.
But, not so fast, there may yet be another option, one even worse for Obama.
Read from the American Thinker:
ObamaCare mandate and SCOTUS
"Nearly everyone agrees that Judge Hudson's finding that the ObamaCare health insurance mandate is unconstitutional will be appealed to the Supreme Court, which will have the final say. The only question is whether the government will agree to expedited treatment, which would bypass the Fourth Circuit Court of Appeals (which most observers agree is likely to uphold Judge Hudson's decision).
Jennifer Rubin, the superb political analyst who recently moved from Commentary Magazine to the Washington Post, notes a singular fact that should lead to Judge Hudson's decision being affirmed by the SCOTUS:
'...here's the tricky part: Justice Elena Kagan, having served in the Obama Justice Department, is surely to recuse herself. With the "liberals" one judge down, even a Kennedy vote to uphold the individual mandate would presumably result in a 4-4 tie. And guess what? If there is a tie, the lower ruling stands. In other words, this is really bad for ObamaCare advocates.'"
I'm not so sure that we can count on liberal activist Elena Kagan to recuse herself. Agenda trumps standard practice when it comes to liberals.