Most legal insiders expect high court to uphold ObamaCare

If the U.S. Supreme Court does not strike down the Affordable Care Act, or at least part of it, a lot of pseudo-experts on constitutional matters  (who also just happen to be pathological Obamaphobes) are going to be greatly surprised.

Isn’t it amusing that so many ordinary folks who don’t know the difference between the Commerce Clause and Santa Claus are so certain that the high court will find ObamaCare unconstitutional?

If you were to question these same people at length on this matter, you would find, I’m guessing, that they consider the ACA as violative of the national charter simply because they don’t like the law. They’ve bought into every misrepresentation they’ve heard on talk radio or on Fox News. They fear that Obama’s death panels will condemn grandma to a horrible demise. They expect that socialistic bureaucrats will scheme to sap them of their precious bodily fluids.

But when you ask legal professionals how the court will rule in this case, you find far less certainty than among Tea Party types that ObamaCare is doomed.

As we see HERE:

National Journal surveyed former Supreme Court clerks and lawyers who have argued cases before the high court about the health care law, and the consensus was that the Affordable Care is likely to prevail. One respondent said, “I don’t think this case will be nearly as close a case as conventional wisdom now has it. I think the Court will uphold the statute by a lopsided majority.”

That’s not at all an unusual predication. On the contrary, despite the polls and ongoing political fights surrounding “Obamacare,” most legal insiders, even on the right, find it unlikely the Supreme Court will ignore precedent and strike down the law.

My own sense of the matter is cautious optimism that the ACA will be upheld. I wouldn’t bet the farm on it, but I’d be willing to wager a farthing or two.



  1. Can’t trust any group that gave us Bush and Citizens United.

  2. Steverino: Actually, only three of the nine current justices were on the prevailing side in the Bush case.

  3. American Me

    The problem for the judges is that the Court cannot simply throw away the Constitution without People invoking the other articles intended to protect Americans from people like Obama.

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