By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: Handicapping the SCOTUS ACA Decision, Part II
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Business > Handicapping the SCOTUS ACA Decision, Part II
BusinessPolicy & Law

Handicapping the SCOTUS ACA Decision, Part II

MichaelDouglas1
MichaelDouglas1
Share
3 Min Read
SHARE

The arguments as to whether further arguments on the consitutionality of the ACA are needed just wrapped. More of a formality on the establishment of a lack of coverage tax vs. penalty (it’ll be a tax) than anything else, the questioning sets the stage for intense and interesting debates in those hallowed halls over the next couple of days. SCOTUS insiders seem to be offering a rather certain take on how things will turn out.

The arguments as to whether further arguments on the consitutionality of the ACA are needed just wrapped. More of a formality on the establishment of a lack of coverage tax vs. penalty (it’ll be a tax) than anything else, the questioning sets the stage for intense and interesting debates in those hallowed halls over the next couple of days. SCOTUS insiders seem to be offering a rather certain take on how things will turn out. According to a highly unscientific survey of recent former SCOTUS clerks and other attorneys

…thirty-five percent of respondents felt that the individual mandate penalizing those who decline to buy health insurance would be ruled unconstitutional. More than a quarter of respondents (27 percent) expected that the case would be thrown out until the mandate actually comes into effect in 2014, with the justices citing the Anti-Injunction Act as a way to argue that there is no standing for a suit. […] The survey describes the respondents as follows: ‘Of the Supreme Court clerks, 12 clerked for the ‘left’ block of the Court (Justices Breyer, Ginsburg, Kagan, Sotomayor), 21 clerked for the ‘right’ block of the Court (Justices Alito, Roberts, Scalia, Thomas), and 10 clerked for Justice Kennedy.’

Because of the gravity of this particular decision, are the justices more interested in appearing bipartisan — escpecially since the legislative branch has already formulated a “default” position — or will they reach outside of that safety zone and convince swing justice Kennedy to declare the individual madate unconstitutional? According to former governor, presidential candidate, and current physician, Howard Dean, the mandate will go down.

While he said ObamaCare has several good components, Dean predicted that the court will rule the individual mandate unconstitutional. Dean told host Charlie Rose that he thinks Justice Anthony Kennedy’s swing vote will side with the conservative justices when it comes to the individual mandate issue.

I, for one, will predict that the law will be upheld. Provisions already set in motion make an already high-stakes political game much riskier in the political Wild Wild West of an upcoming presidential and congressional election when all Americans can least afford to “upset the apple cart” of the reform law’s trajectory.

More Read

How Much Does A Colonoscopy Cost?
Federal Dollars Set to Loan Funds for Health Plan Startups in States Ahead of Reform
Vaccines in the Pipeline and Vaccine Economics
ICD-11 – The Next-Generation Coding System
Medical Device Connectivity (interview with President of Capsule)

 

TAGGED:ACAhealth reformhealthcare lawSCOTUS
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

pharma response to chronic illness
Inside a Marco Pharma Practitioner’s Approach to Chronic Illness
Global Healthcare
April 12, 2026
doctor talking on the phone
How Home System Conditions Shape Daily Health and Long Term Comfort
Health
April 9, 2026
healthcare communication
Independent Practices Should Keep Real People at the Heart of Patient Communication
Global Healthcare
April 8, 2026
rehab for substance abuse
Is 30-Day Inpatient Rehab Enough Time to Recover?
Addiction Recovery
April 8, 2026

You Might also Like

There is No Such Thing as an “Unbundled” Medical Bill

November 28, 2011

How 12 Million are Putting “The Big C” Behind Them

September 21, 2011
obamacare health exchanges
BusinessHealth ReformPolicy & LawPublic Health

What’s the Deal with the Exchanges?

October 13, 2013

Medicare Trustees Report Deficit Sooner Than Expected

May 14, 2011
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2025 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?