Friday, March 30, 2012

Experts Agree: Healthcare Vote Stands or Falls with Kennedy's Vote

It is widely beleived that eight of the nine supreme court votes are virutally set in stone on the constititionality of the indivdual mandate required by healthcare reform. Four votes to uphold the law and four votes to strike it down.

The swing vote is to be cast by Justice Anothony M. Kennedy. Below is a link to an article that thoughtfully explains what makes this decision for Justice Kennedy a difficult one.

Click here for the New York Times article.

Monday, March 26, 2012

Early Aruguments Indicate Supreme Court Will Rule This Year on Healthcare Reform

The U.S. Supreme Court opened its historic arguments on President Barack Obama’s health-care overhaul with several justices suggesting they are prepared to rule this year rather than wait for the law to take full effect.

Justices including Stephen Breyer and Ruth Bader Ginsburg today suggested they didn’t view an 1867 law as barring them from ruling immediately on the central question, the law’s requirement that Americans either get insurance or pay a penalty. The 1867 law blocks lawsuits over taxes that haven’t been imposed, and Ginsburg questioned whether health-care penalties would be taxes.

“This is not a revenue-raising measure,” Ginsburg said. “If it’s successful, nobody will pay the penalty and there will be no revenue to raise.”

The court is hearing three days of arguments on the 2010 law, Obama’s biggest legislative achievement. Its decision will determine the fate of a measure designed to extend insurance to about 32 million people and revamp an industry that accounts for 18 percent of the U.S. economy. The court probably will rule by late June, months before the November presidential election.

The six hours of planned debate is the most on a case in 44 years. The justices tomorrow will consider the main issue: whether the government had power to enact the health-care law under its constitutional authority to regulate interstate commerce.

To view the entire article click here