Political Wire: Supreme Court Could Hear Health Care During Election

[flpoljunkie]

September 27, 2011

Supreme Court Could Hear Health Care During Election

Bloomberg reports that the Department of Justice has announced that it will "forgo further review at the federal appeals court" that ruled the health care reform law unconstitutional, instead seeking an appeal before the Supreme Court.

"A Supreme Court ruling striking down parts of the law would transform the campaign, forcing the candidates to refashion their messages... A decision would probably come in late June, at the end of the court's nine-month term."

James Hohmann: "It is a contrast both sides will welcome. A decision by the Supreme Court to uphold the constitutionality of an individual mandate before the fall campaign would undercut a central conservative criticism of the landmark legislation and give Obama freedom to tout his law's benefits without the cloud of an impending legal challenge. If the court ruled the mandate unconstitutional, it would unravel Obama's signature domestic achievement and remind voters of the White House's overreach in the first two years."

http://politicalwire.com/archives/2011/09/27/supreme_court_could_hear_health_care_during_election.html

[no_hypocrisy]

1. Supreme Court could DECIDE during 2012 election cycle.

[flpoljunkie]

2. Yes, indeed. I agree with Politico's assessment below.

Either way, impending oral arguments before the high court during the primary campaign seem likely to hurt Romney by making health care more salient. The governor’s critics will emphasize similarities between the Massachusetts and Washington approaches. Romney’s opponents at some point will attack him for what they will call questionable judicial appointments, like putting Democrats on the bench. Tim Pawlenty tried and failed to make this an issue.

http://www.politico.com/morningscore/0911/morningscore424.html

[Supersedeas]

4. thanks for the link -- a decision during the election season could have ripple effects

[flpoljunkie]

3. Former acting Solicitor General Walter Dellinger thinks government confident it will prevail

But former acting Solicitor General Walter Dellinger, who has worked on briefs in support of the legislation, said the move should be read as a sign of confidence from the administration.

“This confirms what I had already concluded: That the government is confident that it’s going to prevail in the Supreme Court and would like to have a decision sooner rather than later,” Dellinger told POLITICO.

http://www.politico.com/news/stories/0911/64475.html