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You are absolutely correct. The current lineup at SCOTUS is no better than 4-4-1. Conservatives are Chief Justice Roberts, Associate Justices Scalia, Thomas and Alito. Anti-constitutionalists Associate Justices Breyer, Ginsberg, Sotomayor and Kagan. Then there is the enigma Kennedy who has earned the nickname Sandra Day O'Kennedy as he has replaced O'Connor as the deciding vote on the SCOTUS. He may vote with us on numerous matters but he will vote against us as well on others.

This somewhat unsatisfactory situation would become a lot worse if any of the conservative four or Kennedy were to die or resign while Comrade O continues to occuipy the White House. Example: One dies when oral argument on Obamacare is reasonably imminent. Senate Majority Leader Harry Reed recesses the Senate so that Comrade O can make a "recess appointment" of, oh, Ramsay Clark, without a Senate vote on the appointment to serve for one year. Clark votes with the anti-constitutionalist bloc and, voila!!!, the Commerce Clause is infinitely expanded in its reach and American medical care evaporates after all.

The House needs to wage relentless public guerrilla warfare against Obamacare until it is defunded and repealed, until the Demonrats lose a net of at east 13 Senators in the next cycle and until Comrade O is driven from the White House in favor of a hard-line conservative.