Friday, March 23, 2012

Chemerinsky: SCOTUS Tackles Law and Politics of the Health Care Act - News - ABA Journal

The Supreme Court will, over three days next week, hear oral argument regarding the Affordable Care Act - the most important legislative innovation since Medicare.  The attack on it seems to me specious - but it has become Republican dogma despite its Republican origins.  So I fear - as do many - that tribal loyalty will lead the conservative majority on the Supreme Court to strike the act.
UC Irvine Dean Erwin Chemerinsky lays out the issues more concisely and clearly than anyone else I have come across.  - GWC
Chemerinsky: SCOTUS Tackles Law and Politics of the Health Care Act - News - ABA Journal:
The legal issues before the Supreme Court are many and complex. Underlying it all, of course, is the political context. Every Republican in Congress voted against the Affordable Care Act. Every judge who has the reached the merits who was appointed by a Republican president, with two exceptions (6th Circuit Judge Jeffrey Sutton and District of Columbia Circuit Judge Laurence Silberman), has voted to strike it down. Every judge who has reached the merits who was appointed by a Democratic President, with one exception (Eleventh Circuit Judge Frank Hull), has voted to uphold it. Will the Supreme Court justices see it any differently? 

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