Donald Trump counted his nominations of Brett Kavanaugh and Neil Gorsuch to the Supreme Court as two of his greatest victories.
But now all of that was thrown into question.
And the Supreme Court is about to deal Donald Trump this massive setback.
The Supreme Court announced that it would hear a third legal challenge to Obamacare.
Republican State Attorneys General filed a challenge to Obamacare formulating the argument that since the 2017 Tax Cut and Jobs Act eliminated the individual mandate tax penalty, that all of Obamacare then collapsed.
That’s because in 2012, Chief Justice John Roberts betrayed conservatives by rewriting the Obamacare law to claim that the individual mandate penalty was in fact a tax.
A district court judge in Texas ruled in the State Attorneys General’s favor and threw out the entire Obamacare law as unconstitutional.
Democrats appealed on the Fifth Circuit Court of Appeals’ ruling that the lower court was correct in ruling that the individual mandate could be thrown out now that Congress zeroed out the penalty.
But the appeals court granted the pro-Obamacare forces a reprieve by punting the question of Obamacare’s constitutionality back to the lower court.
Democrat State Attorneys General appealed to the Supreme Court for an expedited hearing.
The Supreme Court dropped this hand grenade into the middle of the 2020 election by agreeing to hear oral arguments next term.
That means Justices will hear the case next fall just as voters are getting ready to go to the polls to decide if Donald Trump wins a second term.
The decision in the case will come after the election so voters will choose the winner of the election without knowing if Obamacare will still be the law of the land.
Democrats believe this uncertainty will boost their chances of victory because in 2018 the Democrats hammered Republicans over the failed attempt to repeal Obamacare.
Establishment Republicans like Paul Ryan abandoned the successful “repeal Obamacare” message that helped fuel the GOP’s 2010, 2014 and 2016 election wins.
Instead, Republicans retreated to a posture that accepted all the Democrats’ arguments about the necessity of government healthcare mandates.
Democrats – of course – easily won that argument.
Now there is a big question as to if the Trump administration will join the lawsuit by filing a “friend of the court” brief in support of overturning Obamacare.
Establishment-minded Republicans pressed the Trump administration to duck this court fight.
They want to pitch a message to voters on healthcare that says the GOP will tinker around the edges of Obamacare while keeping its foundational principles in place.
Republicans campaigned on this Obamacare-lite platform in 2018 to disastrous results.
Voters – and not unfairly – decided that if Republicans and Democrats didn’t disagree on Obamacare, voters would choose the authentic socialists.
The 2020 election will be a contest of base mobilization.
And if Donald Trump hopes to win a second term, his supporters believe Trump should stick to the successful “repeal Obamacare” message from 2016.
Great American Daily will keep you up to date on any new developments in this ongoing story.
