Monday, March 26, 2012

Supreme Court Arguments...

I am not going to go through all of the issues surrounding the case in front of the Supreme Court regarding the Patient Protection and Affordable Health Care Act - you can read Nick's post to get a good sense of the different issues they are going to hear this week.

I will say this - coerced contracts are against the law.  At the very least, the Individual Mandate's lack of constitutionality should make it an open and shut 9-0 decision overturning the mandate, since it is coercing the purchase of a particular product and penalizing those who choose not to engage in commerce. I predicted that they would strike down the mandate back when the Congress passed the bill:
The 'mandate' that everyone must buy some form of medical insurance will be struck down as unconstitutional. It is not in the purview of the federal government to force its citizens to buy a particular product and therefore the lawsuits that will be brought on almost simultaneously the moment the president signs the bill will prevail.
I am not quite that optimistic now, even though this is pretty cut and dry, if the pressure being brought upon the conservative and moderate justices is any indication.  We shall see, though...

1 comment:

Nick said...

Haha, thanks for the plug.

I've heard that it might not be the usual ideological 5-4 that we usually get, but 9-0 is a pipe dream if for no other reason than Obama's two friends dare not vote it down. Ultimately I feel like this will come down to Kennedy as is normally does.

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