“Supreme Court” Upholds Health Care Law

As I mentioned on Countdown last night, my Supreme Court class (which reviews the leading cases of the term and deliberates as an alternative Supreme Court) ruled on the constitutional challenge over the individual mandate provision (we will be considering the other issues in a separate class). The class ruled 12 to 2 to reverse the 11th Circuit and uphold the health care law. The class also voted on the ethical question of Kagan’s recusal as well as their prediction of what that other Court would do. The associate justices were not sway by the stated concerns of the Chief Justice (here and here) over the future of federalism if the Act is constitutional.

The student justices found past cases dictated an affirmance but also that health care was such a large part of the economy that this is a proper use of interstate commerce jurisdiction. They rejected the distinction between activity and non-activity that is advanced in the briefs opposing the law.

On the prediction of what those nine other pretenders would do, the vote was 11 to 3 to uphold the law.

On the question of Kagan’s recusal, the class was split. However, the majority believed that she should have recused herself by a vote of 8-6.

I expect that the release of these results will make continued coverage of the other court unnecessary. Notably, the class has maintained a very high accuracy rate on predictions. This prediction also mirrors the prediction of former Supreme Court clerks.

59 thoughts on ““Supreme Court” Upholds Health Care Law”

  1. To me, it’s sad to think that highly educated young people would see a socialist form of government as a solution to a problem that was caused by over regulation.

  2. By the way, S. Mom, you have been a very enjoyable person to have an “argument” with. Thank you for your forbearance and particularly for your good intentions.

    I still think you need to have a chat with someone about Santa Clause and eight tiny flying reindeer and about Obama being forced by those mean Rethuglicans to do all those crazy things like make secret deals with the insurance companies to scuttle the strong public option or assert that he has the authority to terminate the lives of people with no judicial review.

    Note, I sincerely believe that if we were to drop this health insurance plan altogether, we would be vastly better off. One way or another we will have to face the health care catastrophy that is looming in front of us. But if the bill passes muster in court, we will be devoting the next twenty or so years doing the same thing we are doing now with the Mortgage fraud fiasco and MERS; ignoring it, sweeping it under the rug, bailing out the very institutions that are the cause of the problem, and blaming the deep structural faults on the victims rather than the greedy institutions.

    But that being said, I may also be just a little envious of the faith. Good luck.

    idealist707, stop saying your just ignorant. That may be true (of all of us) but it’s quite clear you don’t believe it for a minute at least not regarding yourself. Anyway, it really sounds phony and makes you sound like you think yourself clever. And frankly you may well be, that attribute certainly seems to be there in some of your comments, but again, it will come across more clearly if you simply drop the “I’m slow” meme.

    It never occurred to me that you were an “enemy”, simply that you were asking questions in a sarcastic manner. Sorry if I misjudged you.

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  4. I hope that the court strikes down the law, or part of it. We need some program that everyone is covered and insurance is out of the picture. We need costs controls.
    A pure insurance system is socialized losses and privatized gains. So, when you hear these smug coots barking about “My Insurance” you must wonder. Do they think they own their insurance company, have any control over it, have any guarantee that the insurance will be there for them, and allowing doctors, pharmacies, clinics, hospitals to charge outrageous fees?
    The current situation is a disaster not waiting to happen.

  5. I think they’ll uphold the appeals court decision and rule the act unconstitutional. Reversing that decision would really open up Pandora’s Box, granting Congress the legal precedent to pass laws requiring citizens to purchase any good or service they deem to be for the public welfare, or declare to be necessary for our national security, so long as it is in accordance with the current social and political climate. They could also argue that this precedent allows them to pass laws which prohibit the purchase of certain, normally lawful, goods or services, based on the same logic. Americans need to think twice before they celebrate the fact that the government is slowly pushing the boot of tyranny on their necks. They will most certainly end up getting what they wish for.

  6. Idealist, We won’t have Sweden’s “socialized” medicine here like you do. Your drugstores are even much different. The tylenol is even dispensed by the pharmacist.The tea party thinks Obamacare is socialized medicine. We just have “junk” insurance as brooklin says. Rather have “junk” insurance than nothing.although it does not cover what it used to. The rich don’t have “junk” insurance . They have what is known a “concierge care”.

  7. BB
    PS Re-reading the rest of your rant you attribute to me stuff I did not say anything about. I won’t waste my time “proving” my suspicions about Obama and the rest of the shit you oppose. You have again NO IDEA where I stand. In fact, we are standing on the same place and my indignation matches yours. But you see nothing but red just now.

    I simply don’t trust any of the fuckers. You can’t get higher than a school crossing watchman if you’re not corrupt and bribed AND delivering the goods to the payers. So is it in America, IMHO.

    Good luck, but don’t shoot me or your foot when you look for enemies.

  8. BB

    Guess I am stupid.
    I asked honestly for help in understanding your points.
    For that I get attacked.
    All I said was to give you back what I thought you said, not my ideas. Well read on and see what my own ideas and experience is. They’re different than yours.
    Now you’re saying, I think, that I support corporate medical insurance.
    There you are wrong. My position is just the opposite.

    You know nothing about me, but you see a stupid question as something to attack,

    I have lived since 1968 in Stockholm, Sweden.
    I enjoy the benefits of single-payer medical care, including bypass operations, cancer treatment, etc. My drug cap is USD 200 per year,
    My doctor visits capped below that.

    And NO effing insurance company or bureaucrats get between me and the medical people. I don’t have anything to cope with than a telephone call to book a time with my doctor, or go there in the morning to get whichever doctor is available when I get to the head of the queue.
    No contracts to read. No formalities. No whatever that you could tell me about over there.

    Why then do you assume, from what I’ve written, that I would support the blood sucking insurance companies???? I’ve written here several times saying that the insurance companies and the multi-buyers of drugs must be eliminated from the USA system.

    We pay half what you do per person and get better care. From before impregnation, including vaccination for virus causing cervical cancer in teenaged girls, and contemplated same for boys (to prevent prostate cancer).
    To hospice care. Kids up to 18 get free medical care. And everybody is covered, including immigrants.

    So would you please not assume that a simple dumb question is a concealed attack on you and your principles. Cool it.

  9. Thanks for the information and the video, I think some of the heath law has helped, some has hurt.. I am not a very politcal person so I try to stay out of things, none the less I do like to know what is going on in the world, thanks for posting the article. 🙂

  10. idealist707,

    you havn’t a clue what I feel and even less idea of what I’ve been saying or you wouldn’t couch your insinuations in terms of Obama bashing.

    What is at stake here is the individual mandate, the ability of our government to force us into a destructive relationship with avaricious profit driven private enterprise, but particularly with a service that is so opposed in interests from one entity to the next. To the human entity, health care is about just that, their health. To the corporate entity, health care is about minimizing service in order to maximize profit. You say, perhaps, that with a nice man such as Obama in the office of president, excesses of greed and corrupting influence would never ever happen and if they did, the intrepid DOJ of such an administration would immediately come to the rescue?

    A mere glance at what has been happening with the “too big to fail” banks and their robo-signing fiasco and all milions of families who have been devastated by this greed proves you hopelessly tragically wrong. Moreover, the utter inability and unwillingness of government to hold the giant corporations such as Bank of America accountable to the law is a nasty but irrefutable proof that the dangers I am talking about are absolutely real.

  11. BB,

    I’m a bit slow, so help me.

    I gather that you feel that Obama is pursuing the greatest advance in fascism in the USA history Yes, no?

    You feel if the court cuts his nose off by killing ACA or the penalty, then Obama, the tool or driver of fascism will have lost his chance to drive his deeds further—just so they can get their nuts off. Yes, no?

    If so, why politically will Obama be so impaired by a neg decision on ACA?

    Thanks in advance.

  12. Might the court strike down the entire law? Or just the mandate provision? -martingugino

    That’s a good question, especially if it were a balanced or non corporate saturated court. I think it could strike down just the mandate, but as I said above the likelihood of that happening is slim to none. If the majority is simply out to screw Obama, they will take down the whole thing and wait until a Republican such as Romney gets exactly the same in a different sheep skin thing through. If they don’t want to risk the once in a lifetime chance to advance hardcore fascism by a country mile on the visceral but transitory joy they would get in a stinging and humiliating defeat for Obama, they will not, repeat NOT, strike down the mandate.

  13. http://www.huffingtonpost.com/

    The splash page on Huff Po (see above link) won’t last long and it’s utterly shameless so it’s worth a gander. The actual article is, as always, less dramatic and to paraphrase the justice’s questions, “Do we really get to screw the masses out of every last penny and force them to give it to our favorite corporations? Really? But then it’s such a serious problem (psst, what’s the problem again, oh yea, health scare) that I guess we’ll just haaaaave to. Oh well…, who could ever guess what we are going to decide with such weighty decisions to decide when we get around to deciding them…”

  14. Might the court strike down the entire law? Or just the mandate provision.

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