Comments on: Will the Supreme Court Strike Down Health Care Reform?

By: wengler

wengler — Sat, 20 Mar 2010 21:08:57 +0000

This discomfort doesn’t seem to apply to determining Presidential elections. Why would it apply to an industry that makes up to a fifth of the economy?

By: jron

jron — Sat, 20 Mar 2010 04:10:39 +0000

I think four of these justices would have no problem voting against the elected branch’s top priority. That’s where the WH’s pushback on the court right now makes sense.

They may need the public pressure to start now, to keep the others (read: Kennedy) uncomfortable with the idea of the Court simply being a second-chance legislature for Republicans.

By: Select Links While I’m Away (Part 2) « Gerry Canavan

Select Links While I’m Away (Part 2) « Gerry Canavan — Sat, 20 Mar 2010 03:15:29 +0000

[...] Will the Supreme Court strike down health care reform? Probably not. Jon Chait, however, points to another reason to worry: [...]

By: bay of arizona

bay of arizona — Sat, 20 Mar 2010 00:34:40 +0000

I assume you are talking about the guns near schools case and Virgina v Morrison. I seriously doubt that even this court would fuck with the #1 priority of the elected branches.

BTW, the new site is fucking slow (unless its just me)

By: MikeJ

MikeJ — Fri, 19 Mar 2010 22:56:14 +0000

Appointing twenty new judges to the court ought to take care of any problems the current court wants to cause.

By: E L

E L — Fri, 19 Mar 2010 20:47:21 +0000

“Rather, it’s that a Court that would strike down health care reform would have continued to strike down more and more important legislation.” For God’s sake, don’t tempt them. As Oscar Wilde said: “I can resist anything but temptation.”

By: patrick

patrick — Fri, 19 Mar 2010 17:25:31 +0000

I guess the advantage to democrat’s dragging their feet and the process taking a year is that there is no doubt that it has been hashed out by the representatives of the people for all to see. The Citizens United case may be even more important, but certainly not as well known. If they struck down heath care after all of this political wrangling the political repercussions would be very high.

By: Joey Maloney

Joey Maloney — Fri, 19 Mar 2010 16:38:06 +0000

Well, maybe. On the other hand I think there’s a danger in underestimating the degree to which this Court is willing to cast aside precedent and prestige to reach any nakedly partisan result they may desire.

By: Davis X. Machina

Davis X. Machina — Fri, 19 Mar 2010 16:18:29 +0000

Jack Balkin was on this a while ago….

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