The Supreme Court has finally agreed to something that most of us have known for some time: The “Obamacare” health care law raises serious constitutional questions, important enough for the Court to decide. Yesterday,
the Court agreed to take up three cases challenging the Constitutionality of the law.
The Court has allocated five and one-half hours for discussion, far more than usual; in recent years the Court has limited arguments to one hour on most occasions, and never more than four (on the campaign finance law in 2003) in quite a long time.
There is a blog post by Adam Winkler, a constitutional law professor at the University of California at Los Angeles, entitled “How ‘Obamacare’ Could Lose in the Supreme Court.” And this makes it clear that the big issue is Does Congress have any limits on what the Commerce Clause of the Constitution empowers it to do? And Winkler feels that the Court may well find that these limits exclude such things as the “individual mandate,” which would invalidate ‘Obamacare.’
The Court will take up these arguments in March, and probably issue its ruling in June, right in the middle of the Presidential election campaign. It will be very interesting to see what they decide, and how the candidates respond.
the Court agreed to take up three cases challenging the Constitutionality of the law.
The Court has allocated five and one-half hours for discussion, far more than usual; in recent years the Court has limited arguments to one hour on most occasions, and never more than four (on the campaign finance law in 2003) in quite a long time.
There is a blog post by Adam Winkler, a constitutional law professor at the University of California at Los Angeles, entitled “How ‘Obamacare’ Could Lose in the Supreme Court.” And this makes it clear that the big issue is Does Congress have any limits on what the Commerce Clause of the Constitution empowers it to do? And Winkler feels that the Court may well find that these limits exclude such things as the “individual mandate,” which would invalidate ‘Obamacare.’
The Court will take up these arguments in March, and probably issue its ruling in June, right in the middle of the Presidential election campaign. It will be very interesting to see what they decide, and how the candidates respond.
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