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Supreme Court debates the Affordable Care Act

The Supreme Court’s consideration of President Obama’s health care legislation last week has left supporters rattled to say the least.

Although the fate of the landmark legislation remains uncertain – likely until June – legal scholars and political analysts observe that a majority of the justices seem inclined to strike down the individual mandate, the law’s key provision requiring that Americans purchase health insurance or pay a penalty fine.

However, it is important to note that the justices seem divided on the implications on the rest of the law, should the individual mandate be stricken down. If the law is found unconstitutional, the court will have effectively put an end to the Obama Administration’s landmark healthcare legislation in addition to rendering judgment on the leadership of the president himself.

Still, some Democrats remain hopeful. Senate Majority Leader Harry Reid said it’s possible that such a ruling could help Obama’s reelection campaign by galvanizing Democratic voters. Others hope it will rally voters passionate about healthcare reform by projecting the Supreme Court as a partisan body.

Meanwhile, political campaigns, particularly presidential campaigns, are preparing for every possibility, with the ruling likely to set the political atmosphere for the remainder of the campaign season. Some skeptics say Mitt Romney and his campaign particularly will confront a tricky political obstacle, regardless of the outcome, given his role in enacting a healthcare law in Massachusetts built around the same mandate principle.

The White House has yet to comment on the court’s deliberations, keeping its intentions focused on proving the law constitutional and enacting the legislation.

While it is important to remember the heart of the issue and the millions of Americans who are currently uninsured or risk losing access to affordable health care, the law may very well galvanize support among liberals for the coming election if it is declared unconstitutional. Another 5 – 4 split decision, such as those in Bush v. Gore and Citizens United v. Federal Election Commission, would feed the perception that the court is just as partisan as Congress. If the court strikes down the mandate, liberals would blame it on the conservative justices, and if the mandate is upheld, conservatives will place blame on the liberal justices. Regardless of the court’s decision, the minority vote in this case will seemingly have lost on a political technicality and not because there was legal consensus.

If the Patient Protection and Affordable Care Act is declared unconstitutional, the United States Supreme Court will have successfully ruled that an estimated 30 million Americans don’t deserve access to affordable health insurance. All coming from the same court that declared just over two years ago that corporations are people and that money equates to speech.

About Felipe Diaz

Felipe Diaz is a first generation Mexican-American born and raised in Greeley, Colorado. He currently studies at the University of Denver for a B.A. in journalism and political science where he also served as the President of the Latino Student Alliance and Vice-President of the Undergraduate Student Government. He has maintained a personal blog since 2010 where he enjoys writing and discussing topics ranging from politics and communication to culture and entertainment.

Disclaimer: The views and opinions expressed in this article are solely those of the author and should not be understood to be shared by Being Latino, Inc.

Comments

  1. Joseph Loo says:

    Iam blessed that i have a job where i can pay for Healthcare.Thank God, However i recall a time not so long ago where Doctors made housecalls!!!! He gave you a bill and you paid it.whatever happened to that system? ????

  2. Repeal the “Mandate” and I’ll be cool with it.

  3. The issue is not about providing health insurance to the uninsured. It is aobut the long arm of the federal government being used to force EVERY AMERICAN to buy into a health insurance policy at the expense of the taxpayers. Businesses are already lining up to give up paying for their workers’ insurance policies since it would be far more economical to pay a federal fine than to pay the hundreds of thousands, if not millions, to cover employees. Obama and the Democrats played their cards entirely wrong here. Instead of focusing on the economy (and not simply throwing nearly $1T in so-called Stimulus thinking that’s all that was needed to create shovel-ready jobs), the ObamaDems toyed with social re-engineering and demagogued the healthcare debate ad nauseum. The November 2010 election proved they were in trouble. Never force the American people into something they either are not ready for OR they do not want.

  4. On the other hand, if the states want to provide healthcare coverage to their citizens, then it’s on them. Look at Massachusett’s burden as well as California’s and tell me if you think this is the way the nation as a whole ought to go?

  5. Because in the end socialist policies are always bound to fail because it might look good on paper but in practice we end up paying for them somehow and becoming dependent on the State. The free market even in medicine is the best as well as for research and innovation. But not to worry entitlement minded Latinos, even if the Supreme Court declares it UN constitutional, Dear Leader Obama will see to it that we get it whether we like it or not. This could be the start of the revolution you all have been waiting for!

  6. Maybe, but I think a revolt would truly happen if Zero actually abrogates the 2nd Amendment. A 90M strong militia at their congresspersons and senators office is something to be afraid of.

  7. I can imagine the spin BL would put on that!

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  1. [...] and Republicans. The first is over the President’s healthcare reform law – the Affordable Care Act – and its constitutionality. The second is over immigration enforcement policy and the [...]

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