Democrats on Capitol Hill are worried that the Supreme Court will rule against President Obama’s healthcare reform law.
Over the last couple weeks, congressional Democrats have told The Hill that the law faces danger in the hands of the Supreme Court, which The New York Times editorial page recently labeled the most conservative high court since the 1950s.
While the lawmakers are not second-guessing the administration’s legal strategy, some are clearly bracing for defeat.
“Of course I’m concerned,” said Sen. Sherrod Brown (D-Ohio). The justices “decide for insurance companies, they decide for oil companies, they decide for the wealthy too often.”
The pessimism is fueled in part by the John Roberts court’s decision in the 2010 Citizens United case on corporate spending in elections, which Brown has called the “worst” in his memory.
The comments underscore the gamble the White House took when it opted not to seek to delay the high court’s review until after the 2012 election. That decision leaves the fate of Democrats’ signature domestic achievement in the hands of a right-leaning court that has consistently ruled against liberals on everything from campaign finance to the District of Columbia’s gun ban to Bush v. Gore.
The White House and House Democratic leaders were on message on Monday, refusing to display any doubt that they will prevail.
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See more at http://www.nytimes.com/2011/11/15/health/policy/health-care-is-changing-despite-federal-uncertainty.html?_r=1&nl=todaysheadlines&emc=tha2
They could rule for. They could rule against. They could issue a very confusing ruling that will disappoint and confound both sides.
They could decide that constitutionality depends on how it is implemented, and/or that it is premature to hear the case on those parts of the law that haven’t taken effect.
They could stall until the January 2013 and see who is running the country then and what changes they make. They have been known to delay deciding in hopes the case will solve itself (e.g. the DeFunis case).
Anyone who thinks they can predict accurately is either a fool or a liar.
As long as Kagan isnt one of the judges its ok. She is no’gaya b’dovor!
#2 – akuperma, the dems are both!