Thursday, May 31, 2012
Checking on the Health of the Affordable Care Act: US Rep. Jim McDermott on the ACA
If there's one thing I hope I'm wrong about in 2012, its what I believe the Supreme Court ruling will be on the Affordable Care Act later this month. Because I believe the whole thing will get tossed out, just by what I heard from the Oral Arguments back in April. And who's currently sitting on the bench and how Justice Anthony Kennedy reacted to the arguments on both sides. And Justice Kennedy is suppose to be the Swing Vote but he was swinging to the right during the whole debate. I'm still holding out some hope, that even hough I expect the Individual Mandate to get tossed out, like a piece of garbage. That either Chief Justice Roberts or Justice Kennedy, will rule along with the Democrats on the bench, that the rest of the ACA, except for perhaps the Medicaid Provision. Will be able to stay and that the rest of the ACA is Constitutional.
I expect the Individual Mandate to be tossed out, me personally if its a choice, I rather see the Medicaid Provision get tossed out. And the Individual Mandate stay in, because the Medicaid Provision, like with Medicaid is an Unfunded Mandate. Again I hope I'm wrong but based on what I heard during the Oral Arguments, there's a better chance that Chief Justice Roberts will vote for the ACA. Then Justice Kennedy and Chief Justice Roberts is a bedrock Right Winger, where Justice Kennedy is more flexible and has more Libertarian leanings.
And maybe what Justice Kennedy said in public is, was just to express one side of the coin that he's considering with the ACA and when they deliberate in private. He'll look at the other side and perhaps one of the Democrats can help them see their side. But I'm not expecting that.