The Supreme Court decision on the Affordable Care Act (aka ObamaCare) is due out this month. Indeed, it could come out any day. I feel the same sense of anticipation as a kid before Christmas – though this could turn out to be the scary morning parents threaten in which you get coal rather than toys. But what surprises me most is that we don’t already know the result in an age of massive government leaks (intentional or otherwise), hypermedia, and the high stakes involved in the case. Why hasn’t a clerk told a law school friend the result of the vote who tells a blogger friend who publishes a story that goes viral that is then tracked down and reported by the MSM? Or substitute vote with a key argument in the decision.
Now there was speculation a few months back that someone, perhaps Justice Kagan, leaked the vote to the President. But the tea leaves were still vague.
Here is one lawyer who thinks the case will be disappointingly unspectacular - kind of like the Christmas you got a lot of clothes. Nice, but not what you wanted. I want the bright red bicycle with an airhorn!
Here’s my bold, unfounded prediction: they’ll strike down the unpopular individual mandate, retain the rest of the law (since it mostly has popular provisions) and they’ll ignore the “severability” issue.
It’s as if King Solomon had actually cut the baby.
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