Posted on 03/29/2010 3:55:08 AM PDT by Kaslin
The same Supreme Court justices whom President Obama blasted during his State of the Union address this year may ultimately decide the fate of his crowning achievement as more than a dozen states have called on the courts to strike down the health insurance mandate of Democrats' health care overhaul - a move that would threaten the entire law.
Two major constitutional challenges have been levied against the new law, one by the state of Virginia, which enacted a law exempting its citizens from the federal health insurance mandate, and another by Florida and 12 other states. Legal scholars are divided on the merits of the cases, and even Congress - through its research service and its budget scorekeeper - has said it's an open question whether the provision could pass constitutional muster.
At issue is the scope of the federal government's power over states and individuals. Critics of the law say the requirement that all Americans buy insurance or pay a fine, if allowed, would mean that Congress has virtually boundless authority to compel actions. Proponents argue that legal precedents support an expansive reading of the legislative branch's license to regulate such activity.
(Excerpt) Read more at washingtontimes.com ...
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I agree, after we win the House back and gain seats back in the Senate in the November election so they lose their super majority would probably be much better
And the above is not necessarily so either.
The USSC could choose to use it's powers under Article III, Section 2 to declare Original Jurisdiction and decide these suits this summer...or even sooner.
Whether they will CHOOSE to use this power is something only they could know...
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