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http://ca.news.yahoo.com/rejecting-o...232716680.htmlhttp://www.nydailynews.com/news/poli...sEnabled=falseThis is going to be a big one. Some good quotes from the links above:
Q
In what way could the individual mandate by judged "unconstitutional"?
A The challengers to the reform say that never before has the government forced people to buy a product. We're not forcing you to buy a product. Health care is something all Americans consume, and you don't know when you're going to consume it. You could get struck by a bus, you could have a heart attack and the like. And if you don't have health insurance, then you show up at the emergency room. The doctors are under orders to treat you -- as any Western, any civilized society would do. And who pays for that? Well, ordinary Americans pay for that. They're the ones who have to pick up the tab for those who don't have insurance. We are not regulating what people buy, we're regulating how people finance it.
Q What are the possible outcomes?
A The two main outcomes that one can predict -- the Supreme Court strikes down the individual mandate as unconstitutional because it's unprecedented or it upholds it and says it is part of Congress power over commerce and over taxation. The latter is far more likely because it is such a grave thing for unelected judges to take a decision of such a magnitude for American people. I expect the Supreme Court's ruling at the end of its current term, June 30.I wouldn't be surprised if everyone else was surprised in this case, and the court didn't reach a standard 5-to-4 judgment with the five Republican justices -- those nominated by Republican presidents on one side, and the four nominated by Democratic presidents on the other.
Q Why is there such visceral opposition to this law among Americans?
A Whenever you have landmark legislation, people are afraid of change. That's not surprising. And this is something that is going to dramatically change insurance markets, health care markets, and you know, there's a lot of people who can be worried about that and who, if they don't like the law, should vote against those who voted for it. Vote against President Obama, or vote against the members of Congress. What I think is not appropriate is to take that policy debate and put it in front of the Supreme Court of the United States. If they don't like the law, there's an easy vote and that's in November.
Q
In what way could the individual mandate by judged "unconstitutional"?A
The challengers to the reform say that never before has the government forced people to buy a product. We're not forcing you to buy a product. Health care is something all Americans consume, and you don't know when you're going to consume it. You could get struck by a bus, you could have a heart attack and the like. And if you don't have health insurance, then you show up at the emergency room. The doctors are under orders to treat you -- as any Western, any civilized society would do. And who pays for that? Well, ordinary Americans pay for that. They're the ones who have to pick up the tab for those who don't have insurance. We are not regulating what people buy, we're regulating how people finance it.Q
What are the possible outcomes?A
The two main outcomes that one can predict -- the Supreme Court strikes down the individual mandate as unconstitutional because it's unprecedented or it upholds it and says it is part of Congress power over commerce and over taxation. The latter is far more likely because it is such a grave thing for unelected judges to take a decision of such a magnitude for American people. I expect the Supreme Court's ruling at the end of its current term, June 30.I wouldn't be surprised if everyone else was surprised in this case, and the court didn't reach a standard 5-to-4 judgment with the five Republican justices -- those nominated by Republican presidents on one side, and the four nominated by Democratic presidents on the other.Q
Why is there such visceral opposition to this law among Americans?A
Whenever you have landmark legislation, people are afraid of change. That's not surprising. And this is something that is going to dramatically change insurance markets, health care markets, and you know, there's a lot of people who can be worried about that and who, if they don't like the law, should vote against those who voted for it. Vote against President Obama, or vote against the members of Congress. What I think is not appropriate is to take that policy debate and put it in front of the Supreme Court of the United States. If they don't like the law, there's an easy vote and that's in November.
Although the court is divided along sharp ideological lines, it’s not clear how the justices will rule. The court’s aura of legitimacy has taken a beating in recent years and a Bloomberg News poll found 75% of Americans expect the justices to rule based on politics, not the law.The court has one possible out: On Monday, they will consider whether an arcane 1867 federal law requires them to hold off on making any decision until after 2015, when the first fines for failing to get coverage kick in.
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