Monday, November 14, 2011

2012 Supreme Court and the GOP

Just some quick thoughts on today's decision by the Supreme Court to accept review of the Affordable Care Act (ObamaCare). The fact that the Court will probably take the full term to decide the case, will take us to June 2012. This will be right before both major party conventions, so how will it affect each candidate? Here's what I think:

If Mitt Romney has more or less clinched the nomination by this point and the Act is found constitutional, he's toast. Every Tea Party conservative, who won't be happy about his eventual nomination anyway, will blame him fully for starting this ball rolling. He's already getting hit on his RomneyCare efforts in Massachusetts, but if the Court finds it constitutional, there will be quite a raucous convention and once election day comes, he better have a tremendous ground game in operation.

If the Court finds it unconstitutional, then Romney gets a reprieve (though it will be a slight slap in the face, again, because he started this mess) and could say: "see, the way I did it was different. Obama is just trying to seize power over all of us", blah, blah, blah.

Now, Romney is the only one who really has to worry about the Court's upcoming decision. If Newt Gingrich, Herman Cain or Rick Perry are on the way to win the nomination by June of next year, regardless of the outcome, they will have a great issue to run on. Each man can rail against its constitutionality and promise to work towards repeal or take a victory lap and say the country is at the dawn of a new era of freedom and liberty.

Along with Romney's trouble if the Act is found constitutional, is the Democrat's efforts to hold the Senate and regain the majority in the House. If the Court somehow finds this atrocious piece of legislation constitutional, then look out! The House and Senate will gain super majorities for the Republicans and the Act will probably be repealed anyway (I say probably, because predicting legislative behavior is like herding cats). It could potentially be a realignment that hasn't been seen in generations. Remember, the Democrats have to defend 23 seats in the Senate to 10 by the Republicans. The GOP already has a leg up, so the Court's decisions could help either way.

Of course, the Court could just split the difference and say the individual mandate is unconstitutional and the rest is okay. I still think that won't make much difference because the mandate is the key. Whatever happens with that will determine if Obama beats Romney or Obama is CRUSHED by whomever is the Republican nominee.

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