I agree that this is a horrible move. However, it is one I am glad they made. If you do not fight these things early, they are lot harder to fight later on.
They only had to look at Venezuela where Chavez got a law passed that expanded their Supreme Court from 20 to 32. Whom do you think the extra 12 supported?
Also, do not fall for this “he did not say he will not abide by the ruling” pap. This is not about the here and now. This is about whipping his Occupy supporters into an anti supreme court frenzy for the battles that are to rage later on.
Obama did not say he would refuse to follow the decision, and even if he did, it's not an executory decision. It's based on the power to tax, which requires courts to enforce and collect, etc.
Obama stepped in it with this comment, and was getting blasted. He even issued a "clarification" earlier today. When your opponent is willing to hang himself, the best tack is to hand him the rope, and stand back.
Obama was trying to claim that an adverse ruling by SCOTUS would be pure politics. He looked like a fool in saying that. But by leaping headlong into a clearly political move of it' own, the Fifth Circuit made itself a much better target of charges of political bias than SCOTUS ever did.