Contraceptives or Not, Repealed or Not, the Bulk of Obamacare Can't Be Stopped

This week's clash over contraception comes at a good time for those arguing Obamacare is unconstitutional - no? The Supreme Court is set to hear oral arguments next month - fresh on the heels of the Administration's use of the law to trample on the First Amendment's guarantee of religious freedom. Doesn't this make it that much easier for Justice Kennedy to strike down most, if not all, of Obamacare? I realize this week's issue is not part of the suit in front of the court and arguments will have to be made along other lines - but still.

And, no, President Obama's so-called compromise yesterday does not end the current dispute. He made a distinction without a difference. It was as if a child clamoring for a later bedtime was told by her placating parent: "Fine. You don't have to go to bed at 8:45 anymore. From now on you can stay up till a quarter to nine." ... Insulting.

The President's non-compromise keeps the story in the news for another cycle so that there is no chance the Justices won't have it fresh in their heads come March. It's almost as if Obama wants the Court to strike it down (and he's giving them additional political reasons to do so). After all, isn't there an argument his re-election bid is easier if the issue of Obamacare is neutralized for independents while its ouster by a conservative court provides red meat for his liberal base? And, didn't the Administration fast track the case so that it could be heard before the 2012 election?

Sure, this week's controversy is hurting him with Catholics, but isn't there enough time for this to be fixed and forgotten if Obamacare is mostly overturned? And, if Obamacare is mostly overturned, can't the President still use what's remaining (and the administrative leviathan that's already being built) to implement most of the left's health care objectives? Let's not forget that Obama recently claimed the right to declare when the Senate is in session and last year became the first president to ignore the War Powers Act. He nationalized the auto industry, why can't he still quasi-nationalize health care with the ashes of Obamacare? In short, does Obama need Obamacare to still implement Obamacare? Does Obama need to worry about the law? [If the Libyan War had been fought in 2008 without Congressional authorization, Speaker Pelosi would have impeached Bush and had him on trial in the Senate quicker than you can say "separation of powers". Obama's violation of the War Powers Act went almost without comment].

Occam's razor suggests the contraception controversy shows Obama's disregard for religious beliefs and a penchant for political gaffes, not an overarching plan for re-election. I'm just noting the ways the current kerfuffle can help him. The left has taken to arguing amongst themselves whether Obama's first term shows genius or incompetence. This week's episode offers support for both sides.