The Justices will consider the largest of the several suits against the unpopular bill, on that has been sponsored by 26 individual states. The Court will decide on two issues; the individual mandate requiring each and every citizen to buy a product, namely ObamaCare and, on the issue of severeability - whether or not the law can proceed if the mandate requirement is stricken.
According to Fox analyst, Judge Napolitano, the four sentence announcement may have outlined only the decision to determine the legitimacy of the case as to the right of those presenting the challenge. If that is the case, this challenge could drag out for another year or more. Ridiculous. Meanwhile, the Obama government is spending billions on a strategy of "entrenchment." The theory being that, given the passage of time, the law's systemic entanglements will make it almost impossible to defeat, even if the individual mandate is rejected.
Understand that I am saying the decision to reject the mandate requirement does not necessarily spell out the defeat of the law. If the Court also rules against the severeability of the laws many programs, then ObamaCare is dead, on Constitutional grounds. Such a ruling would find for the insoluble relationship between the mandate and the remainder of the law - that the two cannot be separated.
In the end, who is president after the 2012 elections may be more the critical question than the Supreme Court consideration, itself.
No comments:
Post a Comment