C
catharina
Guest
latimes.com/news/politics/la-pn-skeptical-kennedy-signals-trouble-for-obamas-healthcare-law-20120327,0,5723465.story
"By David G. Savage and Noam N. Levey
March 27, 2012, 10:10 a.m.
Reporting from Washington— The Supreme Court’s conservative justices sharply attacked the insurance mandate that is at the heart of President Obama’s healthcare law, strongly suggesting Tuesday they are prepared to strike it down as unconstitutional.
Justice Anthony M. Kennedy described it as “unprecedented” for the federal government to impose an “affirmative duty” on people to buy a product. He was referring to the law’s requirement that everyone have minimal health coverage by 2014, or pay a penalty.
“You have a heavy burden” to show the Constitution permits Congress this sort of power, he told Obama’s solicitor general, Donald Verrilli Jr.
Justice Antonin Scalia said there is no basis for allowing the federal government to impose such a mandate in the guise of regulating commerce. If “forced purchases” are permitted, “the question is whether there are any limits” on Congress’s power.
Chief Justice John G. Roberts Jr. sounded equally skeptical. He said the Constitution puts limits on federal power, and those limits would be erased if federal authorities could require the purchase of products. He said he was not convinced by the government’s argument that healthcare is unique because persons may face a medical emergency at any moment.
Roberts said motorists may need “emergency services” on the highway, including from the police or ambulance. Even so, the government could not require everyone to buy a cellphone, he said.
If anything, Justice Samuel A. Alito Jr. was even more critical. He said the mandate is “forcing these [healthy] people to provide a huge subsidy to insurance companies.”
It is often difficult to tell from oral arguments exactly how the justices will vote, but from their questions, the four conservatives sounded as though they had made up their minds that the mandate is unconstitutional. If so, they would surely have a fifth vote for a majority thanks to Justice Clarence Thomas. He has been counted as a sure vote against the healthcare law because he has argued for cutting back on Congress’s power to regulate business and the economy. … "
If true, this is wonderful news.
"By David G. Savage and Noam N. Levey
March 27, 2012, 10:10 a.m.
Reporting from Washington— The Supreme Court’s conservative justices sharply attacked the insurance mandate that is at the heart of President Obama’s healthcare law, strongly suggesting Tuesday they are prepared to strike it down as unconstitutional.
Justice Anthony M. Kennedy described it as “unprecedented” for the federal government to impose an “affirmative duty” on people to buy a product. He was referring to the law’s requirement that everyone have minimal health coverage by 2014, or pay a penalty.
“You have a heavy burden” to show the Constitution permits Congress this sort of power, he told Obama’s solicitor general, Donald Verrilli Jr.
Justice Antonin Scalia said there is no basis for allowing the federal government to impose such a mandate in the guise of regulating commerce. If “forced purchases” are permitted, “the question is whether there are any limits” on Congress’s power.
Chief Justice John G. Roberts Jr. sounded equally skeptical. He said the Constitution puts limits on federal power, and those limits would be erased if federal authorities could require the purchase of products. He said he was not convinced by the government’s argument that healthcare is unique because persons may face a medical emergency at any moment.
Roberts said motorists may need “emergency services” on the highway, including from the police or ambulance. Even so, the government could not require everyone to buy a cellphone, he said.
If anything, Justice Samuel A. Alito Jr. was even more critical. He said the mandate is “forcing these [healthy] people to provide a huge subsidy to insurance companies.”
It is often difficult to tell from oral arguments exactly how the justices will vote, but from their questions, the four conservatives sounded as though they had made up their minds that the mandate is unconstitutional. If so, they would surely have a fifth vote for a majority thanks to Justice Clarence Thomas. He has been counted as a sure vote against the healthcare law because he has argued for cutting back on Congress’s power to regulate business and the economy. … "
If true, this is wonderful news.