Obama Makes His Choice: ObamaCare Will Go Before The Supreme Court

In my last post, I wrote about how Obama had the choice to decide when his health care plan would be heard before the United States Supreme Court. He could have the case heard this upcoming fall or he could have it heard sometime in the next year or two. Well, Obama made his choice:

The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.

the Obama Administration intentionally missed the deadline required to seek a review from the 11th District court of Appeal which struck down his health care plan: 

Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. Administration lawyers didn’t file the paperwork by the 5 p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.

The petition isn’t due until November, and the administration could get an extension.

The timing of when to file and when the case will be heard will be risky for the Obama administration:

But a Supreme Court ruling in the middle of a presidential election could carry serious political risks, since a decision upholding or striking the mandate has the potential to galvanize either Republicans or Democrats.

If the court accepts the case before January, it is likely to be put on the calendar to be heard in the spring. A decision would likely be postponed until June.

Many spectators are confused why Obama is chosing to go ahead and have it heard so close to the election. Some people believe that the Obama Administration is confident they will win. Others believe Obama will use it as a rallying cry to motivate the liberals to relect him to another term so that he can put more progressive liberal judges on the Supreme Court bench in the event ObamaCare is found unconstitutional.

For me, it doesn't matter why Obama is choosing to go ahead rather than delay having his health plan heard at the Supreme Court. The Supreme Court leans right thanks to President Bush appointing Judge Alito and John Roberts and the outcome will be that ObamaCare will be struck down on a 5-4 vote. 

Obama seems to be confident that he will prevail. I think he's about to be in for a real shock.