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Monday, November 14, 2011

Forthcoming series on Supreme Court and health care law

AP Photo
I am working on a brief 2-article series for that will address the impact of the Supreme Court's forthcoming ruling on the constitutionality of the Affordable Care Act.

The articles will examine two broad potential outcomes: what happens if the Court upholds the constitutionality of the legislation, and conversely, what happens if the Court overturns the legislation?

I am in the process of determining precisely which variables I will address and which contingencies I will include. There are a number of ways the Court could rule that are far more complex and ambiguous than a simple yea or nay vote on the totality of the legislation. These particular articles can't be (and aren't meant to be) comprehensive, but I would like to flesh out some potentialities and briefly examine what the Court's ruling might mean for various aspects of the American life.

I will post links shortly after the articles are published.

Supreme Court accepts health care case

The Supreme Court announced today it plans to hear arguments regarding national health care reform legislation. Although there have been calls for two of the Justices to recuse themselves, both Justices Clarence Thomas and Elena Kagan plan to take part in the case.

Most followers of the Court now anticipate the outcome will come down to a 5-4 decision one way or another.

Regardless of the outcome, the decision will have a dramatic effect on the future of health care in the United States, the power of the Commerce Clause, and other important matters.