Monday, September 26, 2011

Supremes To Take Obamacare

From Politico.com: The Obama administration chose not to ask the 11th Circuit Court of Appeals to re-hear a pivotal health reform case Monday, signaling that it’s going to ask the Supreme Court to decide whether President Barack Obama’s health reform law is constitutional.
The move puts the Supreme Court in the difficult position of having to decide whether to take the highly politically charged case in the middle of the presidential election
The Justice Department is expected to ask the court to overturn an August decision by a panel of three judges in the 11th Circuit Court of Appeals that found the law’s requirement to buy insurance is unconstitutional. The suit was brought by 26 states, the National Federation of Independent Business, and several individuals.
Since the ruling, the Justice Department had until Monday to ask the entire 11th Circuit to review the case. Administration lawyers didn’t file the paperwork by the 5p.m. deadline, so the ruling would stand unless the Justice Department asks the Supreme Court to step in.
The petition isn’t due until November, and the administration could get an extension.
Opponents of the law had expected the government to ask for the so-called en banc hearing to delay a ruling by the Supreme Court.

Read more: http://www.politico.com/news/stories/0911/64475.html#ixzz1Z6e18GHU
Obviously, the Obama has confidence the Supremes will uphold the law and they may be right. Obviously, there will be political considerations from the extremes of both sides of the Court. I am sure that Justices Ginsberg, Sotomayor and Kagan are sure bets for the left while Alito, Roberts and Thomas are sure bets for the right. The others are probably unknown.
It will also be interesting to see how this may effect the elections, if it does at all. I kind of doubt it.
So, let's get it on and see what happens. My guess is 5-4 against Obamacare because of the provision of forcing everyone to buy health insurance, with very few exceptions. I just cannot imagine any government forcing everybody to buy something.
No, a government ordering drivers to buy car insurance doesn't fall into this category as Harry Reid, our demented senator from Nevada says. If you don't drive, then you don't need to buy insurance. If you walk, ride a bike, travel by wheelchair or some other mode of transportation that is not a car or truck, you are not required to buy car insurance. So, if this the main argument, then the law is doomed.
Hopefully, the law will be found unconstitutional, so congress can go back- keep the good things- there are some good things in the bill- and write a new bill.

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