August 4, 2011

Obamacare's guessing game: who, what, when and will we win?

By Obamacare's guessing game: who, what, when and will we win?

Author:  Luke A. Wake

Everyone seems to agree that the Supreme Court will soon decide the constitutionality of Obamacare. But, which case will the Court grant certiorari in, and what issues will it take up?

Conventional wisdom suggests that the Court will likely take the Florida case, in which 26 states are challenging the Act. This is already the most high profile case, in part because it is unprecedented; never before have so many states joined together in a legal challenge against a federal law. The case will generate all the more attention if the 11th Circuit upholds the Northern District of Florida's decision striking down the Act. All of this cuts in favor of the assumption that the Court will want to hear the Florida suit. However, the Thomas More Law Center currently has a petition for certiorari pending.

As to the issues, David Kopel of the Independence Institute has offered an insightful and pragmatic outlook on what questions the Supreme Court will consider when it takes the case up.

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