The Supreme Court’s historic six hours of oral argument about the Affordable Care Act didn’t significantly change public opinion about the law. According the Kaiser Family Foundation Poll the country still remains evenly divided about the whole law. However, opinion about the individual mandate worsened.
|By: Jon Walker Tuesday April 24, 2012 8:30 am|
|By: Jon Walker Wednesday April 11, 2012 10:50 am|
About 50 percent of the country thinks that the Supreme Court’s decision on the Affordable Care Act and its individual mandate will be based mainly on the Justices’ partisan views, not the legal merits. This may explain why the President has suggested overturning the law would be judicial activism and unprecedented.
|By: Jon Walker Thursday April 5, 2012 10:00 am|
If the Supreme Court throws out only the individual mandate but leaves the rest of the Affordable Care Act intact, it would be a real boon for at least one group of individuals, health care policy researchers.
|By: Jon Walker Tuesday April 3, 2012 1:00 pm|
Our current system doesn’t allow the Supreme Court to offer advisory opinions. Instead of waiting years to find out if the Supreme Court will eventually find a provision unconstitutional, wouldn’t it make more sense to have a system in which Congress simply asks the Justices for advice on proposed legislation and how to avoid going into legally questionable territory?
|By: David Dayen Monday April 2, 2012 2:11 pm|
I don’t care what you think about the health care law, a structure of government with a judicial review that feels free to parse legislation line by line and make what amount to ideological pronouncements on what can go forward and what cannot sounds a death rattle for progressive governance over time.
|By: Jon Walker Monday April 2, 2012 10:00 am|
There’s an argument that if the Supreme Court strikes down the ACA, it signals the court is so radical it would also find a reason to strike down Medicare for all. I find it nearly impossible to ever think this Court would ever be that activist. Not only do I think a majority of the justices have enough personal integrity to reject such a naked power grab, but more importantly I think the Justices are smart enough to properly fear the ramifications for the Court from such move.
|By: David Dayen Friday March 30, 2012 2:08 pm|
Giving post-mortems on the question of health care at the Supreme Court is premature, and as law professor David Cole writes, you can find as much evidence for upholding Obamacare in the text of the arguments as you can evidence for tossing it out.
However, as a political spectacle, with the eyes of the nation upon them, it was clear to see that we have a large contingent, perhaps a majority, of committed judicial activists on the Court.
|By: Jon Walker Friday March 30, 2012 7:50 am|
To understand how we got to the point where the Supreme Court could potentially strike down the entire Affordable Care Act because of the individual mandate, it is important to identify the string of stupid mistakes Democrats made that got us to this point. By my current count, Democrats had at least eight big chances to avoid this possible that they completely messed up.
|By: David Dayen Thursday March 29, 2012 7:00 pm|
I never got around to summarizing the arguments from the fourth and last health care question at the Supreme Court, looking at whether or not the Medicaid expansion in the bill is unconstitutional. If the Court found this, it would unravel decades of federal-state partnerships in social policy and would create far more chaos than striking down just the mandate. Plus, more than half of the coverage expansion in Obamacare comes from this expansion of Medicaid, so it matters at a practical level as well.
|By: Jon Walker Thursday March 29, 2012 2:00 pm|
If Conservatives get their way and the Supreme Court strikes down the individual mandate to buy health insurance, it would be a real victory for them; but in the end, the last laugh may be with actual progressives. While in this case an individual mandate was used to expand health coverage, similar individual mandates are the cornerstone for corporatist plans to unravel the public social insurance systems created by the New Deal/Great Society.