Human Resources News & Insights

Obama makes risky healthcare move: High Court to rule soon

The White House has declined to appeal a lower court’s ruling that the health reform law is unconstitutional. So it appears the Supreme Court could rule on the matter by the 2012 presidential election.

The Justice Department had a tough choice to make: ask the 11th Circuit Court of Appeals in Atlanta to reconsider its 2-1 decision in which it declared the reform law’s requirement that Americans obtain health insurance unconstitutional — or skip the appeal and take the case straight to the Supreme Court.

Most likely, appealing to the lower court would’ve meant pushing back any Supreme Court ruling until 2013.

The decision to take the case straight to the Supreme Court could wrap up the political debate on the matter as early as next June.

Bold decision

The Obama administration’s decision carries some big risks. If the Supreme Court rules that the mandate to obtain health insurance is unconstitutional, it would be an embarrassing defeat that could cost the president votes this coming election.

However, the sentiment in the nation’s capital seems to be that the decision to go straight to the High Court shows the administration’s confidence that the decision by the lower court will be overturned.

Do you think the Supreme Court will overturn the lower court’s ruling? Is this a risky move for the Obama administration? Share your opinions in the Reply box below.

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  • Common Sense

    Obama is getting beat up as the law stands right now (rightfully so). Call me a cynic, but I believe it is possible that Obama believes that the law will be struck down by the supreme court. He will use that decision to try and rally his base and independents as an issue for re-election. His new talking point will be… I need to be re-elected so that I can continue to fight for every American and appoint “reasonable” judges that care about the “living/breathing” constitution and American citizens in all 57 states… If for some reason the law is wrongfully upheld, Obama has a big “I told you so” to campaign on. It’s a possible win/win for him not to appeal.

  • Jeff

    Absolutely. And by the way, a living Constitution means it’s a dead one. You might as well just tear it up.

  • John

    Sooner or later it goes to The Court…sooner the better..even with this reactionary court.

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