Did Kagen Spill the Beans?

Yesterday at his press conference, President Obama shocked everyone when he said:

“Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress. And I’d just remind conservative commentators that for years what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example. And I’m pretty confident that this Court will recognize that and not take that step.”

These words and his attitude led to a lot of speculation that Obama found out the vote on his Affordable Care Act. Drudge headlined the possibility and perhaps he was tipped off. Even though we were told that leaks never happen in such high minded places at the Supreme Court, it’s not impossible. Actually, with this president it’s quite probable.

Many people are fingering Justice Kagan as the possible source of the leak. There are rumors that Justice Kagan dined with him Friday night. I haven’t been able to verify this, but it’s intriguing since the vote took place that day. Kagan was his first appointment and she had been the solicitor general for his administration, arguing for Obamacare. Many court observers felt she should have recused herself from the vote because of this biased connection. So it makes sense that she would be the one.

If you want to be precise about it, Kagan didn’t even need to say a word, should she have wanted to convey the results of the vote. A nod, a look; it wouldn’t be hard to let someone know an outcome. Technically, she could be within the law. For some liberals, swearing an oath on the Bible or the Constitution holds little moral imperative. They don’t believe in them anyhow, so why not keep up appearances? Kagan had a reputation as a tattletale when she was at Harvard.

Politicians like Obama, steeped in the Chicago way, know how to find things out. Remember Jack Ryan? David Axelrod and his group managed to have Republican Jack Ryan’s sealed divorce papers opened, removing him as an obstacle in Obama’s senatorial campaign. If you’ve seen the show “Boss” with Kelsey Grammer who plays a corrupt Chicago mayor, you know how hardball is played and how it’s always possible to find things out.

And Obama would want to find out. If the ruling doesn’t go his way he now has time to try a little coercion. If that doesn’t work, there’s always fear. If I were Kennedy, Thomas, Alito, Scalia or Roberts, I wouldn’t go out on a boat anytime soon. I hope none of them has a skeleton in the closet, because it will come out and the media will dwell on it until the person retires.

Some bloggers have pointed out that the last laugh might be on Bart Stupak. He Judas’d his vote, dropped his scruples and morals, lost his spot in Congress and it may all have been for nothing.

Even though Obama now is railing against judicial activism (which this isn’t), he doesn’t prove himself as too smart on his supposed area of legal expertise – the Constitution. Evidently he never thought the case would get to the Supreme Court.

Maybe that’s why we never see his grades, his lesson plans or his legal writings.

Sebelius: ‘So Justice Kagan, how did the vote go?”

Kagan: “I can’t tell you that!”

Sebelius: “Ok. Just tell me this. Should we go ahead and hire those 4,000 new IRS agents?”

Kagan: “If you want them sitting around HQ’s reading the Wall Street Journal and playing Words With friends then sure, go ahead and hire them.’

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