Watching the GOP presidential debates - as well as President Obama’s campaign ads start to roll - makes one thing clear: ObamaCare is going to be a central issue in the 2012 elections.

U.S. Sen. Ben Nelson, D-Neb., he of the so-called “Cornhusker Kickback” during the ObamaCare fiasco, today said he would not defend his seat in 2012, which Politico described as a “serious setback” to Democrats maintaining control of the Senate.

The Supreme Court said this month it will set aside nearly six hours for oral arguments in March to hear arguments on the Patient Protection and Affordable Care Act.

David B. Rivkin, Jr., who has led legal efforts by states (including Colorado) to challenge ObamaCare, has described the “stunningly unprecedented” lack of constitutional review that so-called health care reform received in 2009 and 2010.

Rivkin, an attorney well-versed in constitutional law and who served in the Reagan and Bush 41 Administrations, said this at an October meeting of the Colorado Chapter of the Federalist Society

“In fact, to be candid, ladies and gentlemen, nobody on Capitol Hill and in the Obama Administration seemed particularly interested in the constitutional issues,” said Rivkin. “No hearings were held, for example, in either the House or the Senate side, in the Judiciary committees, as the bill was making its way towards enactment. And, the administration never bothered to have the Office of Legal Counsel, which is the premier office of the Justice Department, actually look into the constitutional issues…

Rivkin said that from his experience, including in the White House Counsel’s office, that “this is stunningly unprecedented. It’s unprecedented any time a major piece of legislation is moving towards enactment. Certainly, it’s unprecedented in the case of legislation of this importance.”

As the battle over Obama’s first-term policy cornerstone continues to be waged, the question must be asked: if something as behemoth as a fundamental change in heath care wasn’t adequately vetted by the Administration - or even by Congress - is Pres. Obama is worthy of a second term in office? Americans are going to have to deal with the constitutional and practical ramifications of ObamaCare for years, depending on how the Supreme Court rules and what follows..

Can we really trust someone who doesn’t have the foresight to send something so important for proper constitutional consideration? The manic pace at which Obama and Democrats in Congress passed this bill speaks to their recklessness. When Americans are hurting economically, the last thing they want from government is massive and fundamental shifts in government power without so much as a hearing to consider if it’s even constitutional.

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