Supreme Court Clerks Predict Health Care Reform Will Be Upheld
Posted: 03/26/2012 11:34 am Updated: 03/26/2012 12:06 pm
WASHINGTON -- The lawyers who know the Supreme Court justices best seem largely certain that they'll uphold the president's health care law following the next three critical days of oral arguments.
The Republican-leaning American Action Forum and the centrist-Democratic group Blue Dog Research Forum released a poll of former clerks of current justices, as well as attorneys who have argued before the court. In it, they asked for predictions about how the court will rule on the Affordable Care Act.
Only 35 percent of respondents felt that the individual mandate penalizing those who decline to buy health insurance would be ruled unconstitutional. More than a quarter of respondents (27 percent) expected that the case would be thrown out until the mandate actually comes into effect in 2014, with the justices citing the Anti-Injunction Act as a way to argue that there is no standing for a suit.
The findings are far from scientific. Only 66 people participated in the survey -- 43 former clerks and 23 other attorneys -- a group American Action Forum compiled through public records searches of recent cases. Moreover, the tilt of the respondent pool was, like the court, a bit conservative. The survey describes the respondents as follows: "Of the Supreme Court clerks, 12 clerked for the 'left' block of the Court (Justices Breyer, Ginsburg, Kagan, Sotomayor), 21 clerked for the 'right' block of the Court (Justices Alito, Roberts, Scalia, Thomas), and 10 clerked for Justice Kennedy."
http://www.huffingtonpost.com/2012/03/26...tml?ref=tw
I hope they are right and it stands. The repubs will lose their minds.