Quick post as we await the Supreme Court's decision on the Affordable Care Act.
The U.S. Supreme Court should uphold a law requiring most Americans to have health insurance if the justices follow legal precedent, according to 19 of 21 constitutional law professors who ventured an opinion on the most-anticipated ruling in years. Only eight of them predicted the court would do so.
Eighteen of the 21 professors said the courtís credibility will be damaged if the insurance requirement -- which passed Congress without a single Republican vote -- is ruled unconstitutional by a 5-4 majority of justices appointed by Republican presidents.
Over 90% of constitutional law professors think the ACA is constitutional.....yet only 40% belief the Court will uphold the law.
See the problem?
There was broad agreement that the ruling, barely four months before Novemberís presidential election, has the potential to hurt the Supreme Courtís reputation as an impartial institution.
90% of constitutional law professors think that Obamacare is constitutional in it's entirety, and yet only 40% think the Supremes will rule that way. That says most of what needs said about the current Court. Law professors, folks who know the business of law, believe the Roberts Court is anything but impartial. Law professors already have come to realize that the Court as currently made up is not an impartial institution but rather a tool of the powerful over the powerless.
If Obamacare is struck down, and I'm still betting it won't be, then many more American voters will come to the same conclusion that 90% of law professors already have.....the Court has become yet another deeply biased, politicized and divided branch of the federal government.
And it also is evidence of why Americans should re-elect President Obama.
Set all policy issues aside except for the president's right to nominate members of the High Court. There is a high percentage likelihood that whoever holds the presidency the next four years will nominate 2, perhaps 3 new Justices.
Americans, still reeling from the Court's Citizens United decision, would do well to remember that fact. Does the Court really need a couple more Antonin Scalias? Clarence Thomases? One can't control his temper and the other holds everyone but himself and his wife in contempt.
Of all the widespread damage done by George W. Bush during his presidency, his most damaging blow to our country's future was in his numerous federal court appointments. One third of federal judges serving today were appointed by W.....including Alito and Roberts on the Supreme bench.