I thought we had a good meeting last Thursday on the Supreme Court’s role in our political system and on its upcoming review of Obamacare. We had 10 people, which is pretty good for the first meeting after switching locales to Eclipse Chocolat.
For follow-up, I’d just note that there will be a blizzard of commentary on the ACA (Affordable Care Act, a.k.a., Obamacare) and its constitutionality this coming week. So, I think it might be helpful if I link to some of the better ones I encounter. Here’s the first batch.
- [3/29 addition] The Right’s judicial activist Supreme Court judges. They weren’t even talking about legal principles.
- [3/27 addition] For supporters of the law, Tuesday’s oral arguments did not go well. Roberts is openly hostile to the mandate; Kennedy, the swing vote, not so clear.
- Easy very short summary of what are the issues the Court is reviewing.
- Excellent summary of arguments about whether the ACA’s individual mandate is constitutional. Really easy to read.
- [3/26 addition] As good an article as you can find arguing that the ACA is UNconstitutional, from a libertarian legal scholar. If you agree, please read the others below that say it clearly is. Don’t just read stuff that agtrees with you 😉
- NYT article: The ACA is clearly, beyond any doubt really, constitutional. All arguments to the contrary may seem substantial, but dissolve upon inspection. ** Of course, this does not mean that Obamacare is good public policy; it just means that it’s allowable under the Constitution. .
- As we discussed, the justices value public respect for the Court and they are aware that public faith in the institution is eroding. This alone may spur them to uphold the law.
- Why are conservatives so vehemently opposed to universal coverage? One of my favorite columnists can think of only one reason: The GOP places no value on universal coverage. They believe universal HC is tantamount to welfare.
I’ll add others to this post as I find them. I’ll also point out which ones are easy reads and which are highly legalistic.
I need a good article that argues the ACA is UNconstitutional. Anybody have one?