Gavel Grab

Intense Interest Ahead of Decision Day at Supreme Court

On the eve of presumed Decision Day, pundits asked whether partisanship or the rule of law would prevail in a Supreme Court decision on the Affordable Care Act. The discussion grew feverish at times, with one analyst suggesting the court’s legitimacy is at stake.

The Supreme Court is expected to announce its blockbuster decision on the federal health care reform on Thursday. The case is squarely in the public eye.

“More people have paid attention to this case than any other case in recent memory, probably with the exception of Bush v. Gore,” said Paul D. Clement, who represented the law’s challengers in court, according to a Washington Post article.

How will the outcome be perceived? Harold Meyerson was skeptical in a Washington Post op-ed. He said that by his own measure, “the Supreme Court’s record in the past week fairly reeks of the justices’ politics.”

Jeffrey Rosen, a law professor at George Washington University, took a more open-minded approach in the online New Republic. The court’s decision on Monday regarding Arizona’s immigration law was “a model,” he wrote, “of how the Court can make decisions based on judicial philosophy rather than partisanship.”

Justice Anthony Kennedy was cast in a special limelight. “Justice Kennedy Leans Liberal — for Now,” Noah Feldman of Harvard wrote for Bloomberg. Also for Bloomberg, Peter Coy had an article entitled, “Anthony Kennedy, the Justice Everyone Is Watching.”

Meanwhile Elizabeth Wydra of the Constitutional Accountability Center contributed a Politico commentary headlined, “Supreme Court’s legitimacy at stake on Affordable Care Act.” She based much of her analysis on a hypothetical scenario in which Chief Justice Roberts and Justices Antonin Scalia and Kennedy join in a ruling to strike down the health care act.


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