President Obama is being forced to modify his absurdly wrong claim that it would be “unprecedented” for the Supreme Court to strike down the new health care law.
He made that statement April 2 in a news conference:
Obama, April 2: Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.
As any number of others were quick to point out,
Issues: constitutional
Enter the Lawyers
You knew they were coming, didn’t you?
Back in October, we were getting lots of e-mail asking if the health care overhaul bill was constitutional or not, particularly the part that requires each individual to have insurance. Our conclusion? We couldn’t really give one, of course, but we talked through some of the issues that could arise. See our post: "Health Care Overhaul: Constitutional?"
Now it looks as though we won’t have to wait very long for the wheels of litigation to start turning.
Health Care and the Founding Fathers
Expect January to be dominated by House-Senate wrangling over the final shape of the gargantuan bill to overhaul the nation’s health insurance system.
Some opponents of the measures, though, are readying themselves for another potential fight, this one in the courts. An Arkansas group called the Conservative Action Project says it believes the overhaul is unconstitutional, and it is preparing to sue to stop it from taking effect, according to several conservative blogs (we attempted to reach someone at the organization but were unsuccessful).
Health Care Overhaul: Constitutional?
Q: Are the health care overhaul proposals that are pending in the House and Senate constitutional?
A: Legal experts agree that requiring citizens to buy something is a novel concept that has not been tested in the courts.