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Monday, November 14, 2011

Obamacare Arrives At SCOTUS - Early Summer Decision Possible

Obamacare Arrives At SCOTUS

Early Summer Decision Possible

By Dell Hill

As generally expected, the U.S. Supreme Court will hear a challenge to President Obama's signature law on health care, it said Monday in an announcement that has nearly as much impact on partisan politics as the final decision has on the law itself.

The case, brought by 26 states out of Florida, is based on the constitutionality of the individual mandate in the law, which requires that all Americans purchase health insurance. The nine-member court will also look at severability, meaning if the mandate falls, does the rest of the law survive since it is primarily built on the revenues collected by forcing people to buy health care.

The court is also folding in an additional case on the tax implications of the law.

Ed Morrissey's take:

The timing is highly consequential.  It means that Obama almost certainly won’t get a chance to name a new court member before the Supremes decide whether the Commerce Clause is an opening through which Congress can force any kind of regulation and mandate.  If they end up supporting ObamaCare, Barack Obama will claim vindication for the next few months of the campaign for his re-election bid.  If they strike it down, Obama loses his signature achievement and has to explain that for the next few months leading up to the election — and explaining is not winning.

Dell's Take: 

Of this I am certain: The Summer of 2012 will be The Summer Of Discontent.

Delbert Hill The stakes are as high as any matter I've seen come before the high court. And that includes Roe v Wade. The winning side will be ecstatic; the losing side will be riotous. 

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