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Originally Posted by erimir
Why is the Obama administration arguing against the Anti-Injunction Act, if the odds are so slim the mandate will be upheld?
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That's a damn fine question. Not only has the administration done a total about face on the AIA issue, but it's gone all-in on the mandate as well, arguing that if the Court invalidates the mandate it must also throw out the provisions of the Affordable Care Act requiring coverage for preexisting conditions and prohibiting increased premiums based on preexisting conditions.
I doubt it, but the administration and Justice Department might be convinced they'll win on the merits. That's borderline delusional, but hey, the higher-ups in the Clinton administration managed to convince themselves beyond all doubt that the whole "oral sex isn't sex" thing would be a slam dunk public relations winner.
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Originally Posted by erimir
Won't it be really damaging to have a decision against it before the election?
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You'd certainly think so. I suspect the administration has a massive spin campaign ready to go the instant the decision is announced, maybe something along the lines of how the Supreme Court's ruling establishes that President Obama is the only thing standing between us and a wingnut Hobbesian state of nature.