Michael Gaynor
US Senate candidate Wendy Long predicts Obamacare will be overturned completely
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By Michael Gaynor
May 1, 2012

Total overturn of Obamacare would be a complete vindication of the rule of law and a complete disaster for President Obama (as well as for Long's chief rival, Kirsten Gillibrand, New York's junior United States Senator, an enthusiastic Obamacare supporter who should have known better than to vote for it).

On April 2, 2012, SILive's Tom Wrobleski reported that a United States Supreme Court decision on the constitutionality of Obamacare is expected soon and "[t]he justices could uphold or overturn the entire law,...strike down the individual mandate only, or strike the mandate along with other provisions" (www.silive.com/news/index.ssf/2012/04/us_senate_candidate_wendy_long.html).

That's all true, but not news.

Wrobleski further reported that United States Senate candidate Wendy Long said while campaigning in Staten Island on April 27 that Obamacare is unconstitutional and she hopes it will be declared unconstitutional by the United States Supreme Court.

That's all true, but not news, too.

BUT...Wrobleski quoted Long as saying, "If I were betting, I'd bet on a total overturn."

THAT is huge news.

Long is conservative and highly qualified to predict. She's not one to let her personal views distort her perception of reality or to make baseless predictions or to bet recklessly.

Total overturn of Obamacare would be a complete vindication of the rule of law and a complete disaster for President Obama (as well as for Long's chief rival, Kirsten Gillibrand, New York's junior United States Senator, an enthusiastic Obamacare supporter who should have known better than to vote for it).

Total overturn would show that in his zeal to "fundamentally transform" America and despite his oath of office, Obama disregarded the United States Constitution, and then most United States Supreme Court Justices did what they swore to do by declaring Obamacare unconstitutional and eschewed the temptation to be superlegislators and draft a constitutional substitute, because their job is not to try to salvage something by guessing what Congress would have substituted if it realized that the individual mandate, key to the whole law, would be held to be unconstitutional.

Wrobleski further quoted Long as saying that "[i]It won't be 9-0. But I think a majority will see the unconstitutionality of this legislation," and that Justice Anthony Kennedy made an "excellent" point when he asked during oral arguments whether the government can create a market in order to regulate it.

Unlike Gillibrand, Long is a constitutional scholar intimately familiar with the workings of the United States Supreme Court and a former United States Supreme Court clerk (to Justice Clarence Thomas).

Additionally, unlike Gillibrand, Long served for years as general counsel to the Judicial Confirmation Network (now the Judicial Crisis Network) and skillfully promoted the confirmations of Chief Justice John Roberts and Justice Samuel Alito.

Long, already the Conservative Party nominee, dominated her rivals for the Republican nomination at the Republican Convention, George Maragos and Bob Turner, neither of whom is an attorney but both on whom opted to run after barely qualifying to participate in a primary without having to obtain signatures on petitions.

The Republican primary is on June 26.

The Supreme Court decision on Obamacare should be issued by then and New York's United States Senate race will take on national implications.

© Michael Gaynor

 

The views expressed by RenewAmerica columnists are their own and do not necessarily reflect the position of RenewAmerica or its affiliates.
(See RenewAmerica's publishing standards.)

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Michael Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member... (more)

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