JEFF DUNETZ: OBAMACARE GOES TO THE SUPREMES
After a long wait, Obamacare is going to meet the Supremes, not the Diana Ross version but the John Roberts led group. The Obama Administration today decided not to seek a delay the legal process meaning that the Court will rule on his signature legislation a few months prior to the election. The move was probably made to ensure that the ruling would come with enough space before the election for the Administration (if necessary) to sell a positive spin on an anti-Obamacare ruling before voters go to the polls.
A three-judge panel of the 11th Circuit Court of Appeals ruled in August that the healthcare law’s individual coverage mandate is unconstitutional. The Justice Department declined to ask the full 11th Circuit to review the decision, clearing the way for a petition to the Supreme Court.
Lets face it, win or lose it would be best to get a ruling from the Court ASAP so opponents of Obamacare can plan their next steps.
Greg Katsas, a partner at Jones Day who represents the mandate’s challengers, said going straight to the Supreme Court is the best move for everyone involved.
“For the good of the country, we should know sooner rather than later what the rules are going to be,” Katsas said.
Katsas represents the National Federation of Independent Business, which joined 26 state attorneys general in filing the 11th Circuit suit.
What is still undecided is which of the cases the Supremes will hear:
The administration’s strategy on that front will become clearer on Wednesday — the deadline for the Justice Department to file a brief in a separate suit. The administration must respond to the Thomas More Law Center’s request for a hearing in its suit against the mandate. The law center appealed to the Supreme Court after the 6th Circuit Court of Appeals ruled that the coverage requirement is constitutional.
How the Justice Department approaches that brief will help indicate which case it wants the Supreme Court to take, Katsas said.
Here’s why the Administration move may end up being a big mistake. Let’s say the Supreme Court rules against Obamacare, the gamble is that “the world’s greatest orator” will be able to spin it as a victory. What they aren’t taking into account is that while the President will be trying to change the perception of independents, a Supreme Court loss will decimate the morale of his liberal base.
Whatever happens make sure your DVR works and buy the extra-large bag of popcorn, this is about to get interesting.
Comments are closed.
