But Wednesday’s arguments weren’t about the controversy at the center of the legal challenge — can the government compel people to buy health insurance? They were about the court’s discretion to interfere with the rest of the law, and a decades-long understanding of the relationship between the federal government and the states. Most legal observers assumed the issues at stake on Wednesday were no-brainers. So the fact that the conservative justices once again aligned — at least rhetorically — in sympathy with the challengers suggests just how tempted they are to swing for the ideological fences.Let's hope at least 5 Supreme Court Justices find their "inner" George Sutherland.
Many legal experts we spoke with in advance of the arguments were surprised that the court agreed to hear the challenge to the health care law’s Medicaid expansion in the first place. Every lower court rejected it. If the Medicaid expansion falls, the implications for federal power — and programs from Medicaid to transportation to civil rights — would be jeopardized.
Wednesday, March 28, 2012
Liberals Fear: Conservative Justices Flirt With Radical ‘Obamacare’ Rulings
Left wing website TPM is fearful of what the U.S. Supreme Court may do to ObamaCare: