Tuesday, February 1, 2011

Doing Justice to Health Care Reform

Looks like it will eventually come down to the Supreme Court breaking the stalemate. But let's not for a moment believe this is about reforming health care or making sure current people maintain comprehensive and affordable coverage. This is political, with largely Republican adversaries maintaining a tight stance of unity across sectors of government. It is not a principled stand by any means. We expect the high court to avoid tampering with the actions of the legislative branch, which will surely lead those inclined to invoke America and Constitution the most, into trashing both the President and the portion of the Supreme Court they find unaccommodating. 

It will be this crew that keeps the dream of reasonable reform alive. 

Law professor Adam Winkler via Huffington Post states:
The ruling out of Florida is unsurprising in one respect: the judge, a conservative Republican appointee, had already signaled his hostility to the law in hearings a few months ago. So people who follow the health care litigation have been waiting for him to issue the ruling that came down Monday.
It was anticipation over this ruling -- and real concern about how the judge would likely distort longstanding case law to reach it -- that led over one hundred law professors to sign a statement last week expressing their view that the ACA is constitutional. Their statement pointedly observed that the "current challenges to the constitutionality of this legislation seek to jettison nearly two centuries of settled constitutional law."
(Huffingtonpost.com) 

 

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