SCOTUS to Rule on ObamaCare

by Ryan on November 14, 2011

in Election 2012,Health Care,Judicial Watch,Law,Politics,Stupid government

The Supreme Court has decided to hear arguments relating to the constitutionality of ObamaCare’s individual mandate.  In other words:  does the federal government have the right to compel individuals to purchase a product or face a fine.  Also, the court will likely look at “severability” in the law, or whether or not if the individual mandate is tossed out the rest of this monstrosity should be tossed out too.

SCOTUS should hear the case by March, making their decision by June — just in time for campaign season.  Politically, if the court upholds the individual mandate, then the Republicans need to articulate why it’s a bad law regardless;  if the court throws out the individual mandate, then Obama has a new campaign crusade.

Almost immediately, some have called for Justice Kagan to recuse herself since she was in the Obama Nation helping to craft its legal defense before it passed.  She should, but I predict she won’t.  In fact, I pretty much think that the court will rule 5-4 with Justice Kennedy deciding the outcome in a direction I cannot foresee.

If fidelity to the constitution was at heart, the law would never have been passed.  But here we are.  What will the court do — define a limit to the government’s authority over our economic decisions or create an ambiguous precedent allowing the feds potentially unlimited access to our choices, bodies, property, and behavior?

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