The folks in the Obama administration must not be feeling very confident about Obamacare’s fate in the hands of the Supreme Court. So now they’re sending letters to the Court with arguments they failed to raise during oral arguments.
The Obama administration warned the Supreme Court this week via papers filed with the Court that if Obamacare is struck down, there will be an “extraordinary disruption” in Medicare. Medicare was not discussed during the Supreme Court arguments, since it was not a Constitutional issue. This is a practical argument, not a legal one; it’s the Obama administration applying pressure to the Supremes.
But that’s what the Obama administration does – they focus on the politics of the situation rather than on the legalities. If they can’t win on the law, they figure, they’ll push the Court to act via “empathy,” President Obama’s favorite legal standard. And if they lose, they’ll blame the Court for destroying Medicare. (Read More)
Well, we know there’s at least one Justice who may be swayed by empathy.