Should the Supremes Rule on Healthcare?


A district judge in Virginia has ruled that the individual mandate clause in the healthcare reform bill is unconstitutional. Two other district judges have previously ruled the other way. In the normal course of things, these rulings will be appealed, several circuit courts will hand down their opinions, and the Supreme Court will eventually provide a final determination. But Rep. Eric Cantor wants to cut out the red tape:

To ensure an expedited process moving forward, I call on President Obama and Attorney General Holder to join Attorney General Cuccinelli in requesting that this case be sent directly to the U.S. Supreme Court. In this challenging environment, we must not burden our states, employers, and families with the costs and uncertainty created by this unconstitutional law, and we must take all steps to resolve this issue immediately.

I’m not sure what the legal issues are here, but there have certainly been times in the past when I’ve wondered why we bother going through the whole rigamarole of lower court decisions in cases like this. I mean, everyone knows this is going to end up at the Supreme Court anyway, and everyone knows that the Supreme Court quite plainly couldn’t care less what any of the lower courts say about it. All those lower court decisions are no better than waste paper.

But maybe I’m missing some important process issues that make it unwise to just hand this off to the Supremes right away. I’m not quite sure what, though. Regardless of whether you like the law or not, it really does require a ton of planning and implementation, and that would be helped considerably by knowing for sure whether changes will be required by the Supreme Court. Tentatively, then, put me in Cantor’s camp.

THANK YOU.

We recently wrapped up the crowdfunding campaign for our ambitious Mother Jones Corruption Project, and it was a smashing success. About 10,364 readers pitched in with donations averaging $45, and together they contributed about $467,374 toward our $500,000 goal.

That's amazing. We still have donations from letters we sent in the mail coming back to us, so we're on pace to hit—if not exceed—that goal. Thank you so much. We'll keep you posted here as the project ramps up, and you can join the hundreds of readers who have alerted us to corruption to dig into.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate

Share your feedback: We’re planning to launch a new version of the comments section. Help us test it.