By MARK PENN
Published March 30, 2012
If the Supreme Court knocks out the guts of the Affordable Care Act — the individual mandate requiring people to purchase health insurance or pay a fine — the battle within the Obama campaign will be fierce. The president will be faced with two stark alternatives: launch the political equivalent of a drone strike on the Supreme Court and use the ruling to energize his base, or accept the decision and move on, hoping to neutralize the divisive law in the general election.
In the first scenario, President Obama would double down rather than back down. So far, he has shown no willingness to compromise on the individual mandate despite massive public opposition to the measure. In the face of a Supreme Court ruling against the law, a defiant president may seek to make an even more strident case for his vision for health care in America.
Already, the talking points for a war on the high court are being put in place by organizations such as the Center for American Progress. The story line is simple and potentially effective: From Bush v. Gore in 2000 to the Citizens United decision in 2010 to the possible Obamacare ruling, the Supreme Court puts politics above the people in the name of the Constitution.
This argument could play among an electorate predisposed to suspect the worst.A Bloomberg News survey taken shortly before the oral arguments found that 75 percent of Americans believe that politics will influence the justices’ decision on the health-care law. If the court kills the act, then Washington is reduced to a triple play of gridlock — between the president, Congress and the Supreme Court, nothing gets done.
The Obama campaign could paint the court as out of step with the modern world, in which the state needs to help redress the inadequacies of global and national markets. After all, the mandate is about everyone paying their fair share toward health care; it eliminates free-riders from the system.