The Supreme Court hasn’t ruled yet on the Affordable Care Act. Nonetheless, pundits already are floating ideas about restructuring the court and challenges to the legitimacy of the court’s upcoming decision.
Even in the run-up to a decision — expected on Thursday — the crescendo of analysis and speculation indicates a heightened level of media attention the court is getting over a blockbuster decision.
In Forbes, Doug Bandow of the Cato Institute wrote “How to Fix the Supreme Court After the ObamaCare Judgment.” His numerous proposals included fixed terms and a much larger court than the current nine-member bench. Jonathan Bernstein asked in a Washington Post blog, “Would a SCOTUS decision against Obamacare be legitimate?”
Meanwhile there was feverish speculation about what the court will do, and why. “Speculation grows that [Chief Justice John] Roberts will write majority opinion in health-care case,” declared a Washington Post headline. Also in The Post, Ezra Klein wrote, “How Republicans made it possible for the Supreme Court to rule against the mandate.”