I wanted to make sure you were aware that the Obama administration has decided to let the Supreme Court rule on Obamacare during the heat of the 2012 campaign.
The Administration decided not to force an appeals court to rehear a ruling by a panel of the court that decided Obamacare was unconstitutional, setting the stage for a summertime 2012 decision by the Supreme Court.
The panel of the appeals court ruled 2-1 that the requirement that everyone purchase health care violates the Commerce Clause of the Constitution, saying that not buying something is not commerce and therefore the federal government’s power to regulate commerce doesn’t include forcing you to buy a product like health insurance.
The requirement is the linchpin of the bill. Without it, nothing works.
If Obama had appealed to the full appeals court, the inevitable final decision by the Supreme Court could have been delayed into 2013.
I would caution against reading too much into any analysis of why the administration decided to do this. Perhaps they feel it’s a win-win situation – Supreme Court approval might make the law sound more legit and increase its popularity, while disapproval could rile up the Democratic base.
It might at least get people’s attention off the economy, which would be good for Obama. And the revival of health care as an issue could hurt Mitt Romney were he the nominee, since he did something similar in Massachusetts.
Or maybe the Obamaites think if Republicans win in 2012, it will increase the odds the law will be overturned. Or maybe someone in the White House thinks God told them to get a Supreme Court decision as early as possible.
Unless someone is quoting good sources in the administration, it’s tough to know. In any case, health care will become more of a major campaign issue.
Let us know if you’ve got your own theories.