AUSTIN – After handling the federal health care law like Chuck Wepner, the Bayonne Bleeder, the Supreme Court today will conclude three days of arguments considering what might become of the law if the court were to invalidate the health insurance mandate.
Attorneys for Texas and the other 25 states challenging Obamacare contend the addition of millions more people to the Medicaid rolls is, in effect, federal coercion of the states, which currently share the cost of the program.
The federal government is expected to argue, to the surprise of absolutely no one with a passing acquaintance with a tax form, the states are challenging its most inviolate power – to spend our money as it sees fit.
Imagine what might happen to the entire Jenga tower of federally mandated programs if this one key block were removed, the government attorneys are expected to argue today.
The Wall Street Journal today suggested the flaying given the legal insurance requirement by famed swing Justice Anthony Kennedy sets up the possibility Obamacare will be struck down by a 5-4 vote of an ideologically fractured Supreme Court.
Kennedy called the mandate “a step beyond what our cases have allowed” when considering laws Congress has passed compelling Americans to participate in and fund federal programs.
The Journal conceded Kennedy seemed to side with one of the government’s key contentions, that the Affordable Care Act does not force people into an insurance transaction because all Americans have a fundamental engagement with health care.