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As the Supreme Court begins hearing oral arguments today about the fate of the Affordable Care Act, it is important to keep in mind that the law remains very unpopular. A CBS New/New Times poll shows only about a third of Americans actually support the law, while nearly half the country disapproves of it. From CBS News:
A CBS News/New York Times poll shows 47 percent of Americans disapprove of the president’s Affordable Care Act, including 30 percent who strongly disapprove. In the poll, conducted March 21-25, only 36 percent of those questioned said they support the law either somewhat or strongly.
Ideally things like public opinion should not have an impact on the supposedly impartial legal judgements of the nine Supreme Court justices, but no man is an island.
We are all products of the society in which we live, shaped by our many daily interactions with each other. It would be foolish to think that the unpopularity of the law didn’t directly or indirectly impact the decision of those currently hearing the case against the ACA. The intense partisan debate and huge media focus have to have an effect on the Justices, even if they cannot openly acknowledge it.
For a conservative justice hoping to define the limits of federal power, doing it in an opinion striking down an unpopular law would politically be the best possible opportunity. And it could be easier for an undecided judge to rule against the mandate knowing that a majority of the country not only wants them to, but expects them to.
At the very least the clamoring from all sides to finally have a verdict on the constitutionality of the individual mandate could easily cause the Supreme Court to choose to rule on it this year, even though if this were a much lower profile case they would likely punt the case by invoking the Tax Anti-Injunction Act. This case has already made its way to the Supreme Court much faster than cases normally do.
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As Mr. Dooley, the fictional Irish barkeep would say, “the Supreme Court follows the election returns.”
The reason the ACA is so unpopular is that no one (myself included)understands it. Medicare-for-all, properly explained, would be wildly popular, except for the insurance companies, doctors, and drug companies. The infrastructure for Medicare-for-all is already in place, unlike this Rube Goldberg mess.
I doubt very much the lack of popularity will factor in the Supreme’s decision. I also doubt they will rule ACA unconstitutional. It’s far too corporate friendly for our conservative justices to actually follow their self-proclaimed legal and philosophical principles of judicial restraint and original intent.
Wow, can’t believe I actually typed that without cackling derisively.
Sorry to say, our best chance for them ruling it unconstitutional is if the Court votes on this politically and the Repubs think disavowal will actually hurt Obama’s chances for re-election. But the Court would never make a ruling that was politically motivated would they? /s
Got to love Justice Ginsburg. If everybody buys insurance then it won’t be a tax because there will be no penalties accessed, no revenues collected. Talk about assuming the close. She should selling insurance, she’d make a fortune.
Steve57, you seem to be capturing the words from my brain before I get them typed. I am sure that the SCOTUS has its panties in a knot =- should they”cave” to the pressure they must be getting from their Repbulci8an buddies to make Obama less electable, or should they cave to the pressure of all their billionaire buddies who own Large Health Insurance Companies.
In any event, it won’t affect millions like me: too old to have affordable insurance premiums I could pay for myself, too “well off” to have the local County paid Insurance, and too angry to care which way they vote.
I learned a long time ago that it is not about me, or about any of us in the just-barely-making-it middle class.
Without a large pay raise, elise, i don’t think i could afford decent insurance, too many preconditions at this point. i am truly thankful that both my parents qualify for Medicaid now, but I think most of my fellow Gen X’rs and the Generation Y who follow us are completely screwed right when we will need it.
I would have been happy if they (TPTB) had just given me a true choice: buy into Medicare (a public plan) or buy into corporate/insurance plan (a private plan). Though I have now reached the age for Medicare to kick two months hence, the choice is moot . . . but I resent the lack of choice. I was told I must buy insurance; my choice was evil/corrupt/greedy Insurance Provider A or evil/corrupt/greedy Insurance Provider B (or C or D…) That’s not choice. It’s similar to my political choices: I can vote for a Republican, or a Republican-lite (namely Democrat) . . . the lesser of two evils! Or I can choose NOT to exercise my right to vote. Is this what freedom looks like?
and the pathetic thing is, every other developed country has a universal model that works, and works far cheaper than the trillions of dollars that we pay. Every model is also far cheaper on a per capita basis than what we pay. If we took out the greed, or at least regulated it better (I agree that doctors and nurses should have an upper middle class lifestyle, but I don’t believe that Health Insurance and Hospital Corporate Execs should be billionaires), it could work here too. What’s lacking is political representation that’s willing to do this.
The best hope for single payer is a state by state strategy, an option built into this mess. Vermont is doing it, other states have movements in that direction.
I agree. TOO many people have a strongly ve$$$ted interest in the status quo.And those people have influence on our legislaturds.
Campaign finance reform and term limits are our only salvation. Otherwise, you just have government “for sale” to the highest bidder.
Drs. have much more then just a middle class life, don’t fool yourself. Every one I know drives a few Mercedes has two or three homes and generally live very large as compared to the average person. The greed built into the non-system we now have is disgusting and is killing and maiming millions so a few can live very very largo.
The right wingers on the court are caught between wanting help their guys politically and wanting to do the bidding of the Big Corps. that are really their “guys.” My guess is they’ll help the Corps. and rule the mandate Constitutional under the Commerce clause. This will open the door wide open to any other Industry with enough political pull to have its products and services made a Nat’l mandate as well. The Privatization ( AKA Corporatization) of the Gov’t is the rights top priority and this law fills the bill wonderfully in that regard.
“Will the Unpopularity of the Affordable Care Act Affect the Supreme Court?”
Probably not. Perhaps more relevant is the question:
“Will the Bribes from the Fat-Cats Affect the Supreme Court?”
The answer to that, of course, is YES. Bribes to the SCOTUS can buy a Presidency! Or a “Citizens United” ruling!
Those of us who can’t afford to bribe the Supreme Court? We get nothin’.
NOTHING!!