Wednesday, June 27, 2012

Obamacare-ageddon Tomorrow!

My prediction:  5-4 to overturn the individual mandate as unconstitutional, on the grounds that upholding it would mean that there is no limiting principle constraining the federal government's power under the Commerce Clause; but 6-3 upholding the rest of the abomination (Obamanation?) as constitutional, even though the whole house of cards makes no sense and is unworkable without the mandate as a funding mechanism.   The Court will say something to the effect that the economic impossibility of a piece of legislation is a question for Congress to fix, not the Court.    Roberts and Kennedy will vote with the majority on both, Roberts will write the opinion for the Court; Ginzberg will write the dissent/partial concurrence.

The most likely alternative:  a 6-3 decision upholding the whole thing as Constitutional under the Commerce Clause.   I call this one the "That Boat Sailed A Long Time Ago" doctrine, which concedes that Leviathan exists and is all-powerful.

The second most likely alternative:  a spasm of courage from Justices Kennedy and Roberts, who correctly conclude that the mandate is unconstitutional and non-severable from the statute as a whole, since it is patently the linchpin of the entire scheme.

9:00 am central tomorrow.   Check the SCOTUSblog for live-blogging of the decisions.

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