Supreme Court Justice Antonin Scalia, while speaking in Hattiesburg Mississippi yesterday all but admitted that the Affordable care Act, or at least parts of it, are going to burn in flames.
He declined to answer a question about President Barack Obama’s Monday remarks that it would be an “unprecedented, extraordinary step” for justices to overturn the challenged federal health care law.
“We don’t respond to criticism…. Judges use what’s known as the rope-a-dope trick. It’s judicial tradition.” When the questioner pressed Scalia on who would provide checks and balances to the president, he said that, “We have three branches. They check and balance each other.”
In other words, the court appears to favor one side, but then later blindsides the opposite side knocking it to the canvas like an out of shape George Foreman. Which of course is almost never true. The ultimate losing side almost always appears more attacked during oral argument. However, his statement could obviously intimate that the government’s case, which appeared the weakest during oral argument, may ultimately prevail, surprising many legal observers as of late. But when read in context–a response to an admittedly stupid and irresponsible statement by President Obama calling out the court–it is more likely to forebode a bad result for the administration. We know that the court met for an initial vote on the case last week, so it is likely that a decision has been reached, leaving only Chief Justice John Roberts to assign a member of the prevailing side to draft the undoubtedly onerous opinion.
His statement could also mean absolutely nothing, as Scalia is also known to revel in ginning up the press, due to its propensity to build castles out of Lincoln Logs.