Tuesday, November 15, 2011

Democrats fear Obama will lose the case

Excerpts from The Hill
By Julian Pecquet
 
“Democrats on Capitol Hill are worried that the Supreme Court will rule against President Obama’s healthcare reform law.
 
“Over the last couple weeks, congressional Democrats have told The Hill that the law faces danger in the hands of the Supreme Court, which The New York Times editorial page recently labeled the most conservative high court since the 1950s.
 
“While the lawmakers are not second-guessing the administration’s legal strategy, some are clearly bracing for defeat.
 
“‘Of course I’m concerned,’ said Sen. Sherrod Brown (D-Ohio)…
 
“The comments underscore the gamble the White House took when it opted not to seek to delay the high court’s review until after the 2012 election. That decision leaves the fate of Democrats’ signature domestic achievement in the hands of a right-leaning court that has consistently ruled against liberals on everything from campaign finance to the District of Columbia’s gun ban to Bush v. Gore…
 
“Sen. Tom Carper (D-Del.) said he has no problem with the White House wanting a decision as soon as possible.
 
“‘We need certainty,’ Carper said.
 
“‘Politically, there are arguments both ways,’ Sen. Richard Blumenthal (D-Conn.) told The Hill. ‘But dispelling uncertainty and seeking to resolve important questions of constitutional law when there are very grave practical implications is certainly the responsible course to take.’ …
 
“Sen. Sheldon Whitehouse (D-R.I.), a former state attorney general who sits on the Judiciary Committee, said that the individual mandate might very well fall…
 
“‘So the mandate falls? Big deal,’ Whitehouse said…
 
“The law’s individual mandate ‘is both unpopular and unconstitutional,’ Ways and Means Committee Chairman Dave Camp (R-Mich.) and Health subcommittee Chairman Wally Herger (R-Calif.) said in a joint statement, ‘and [we are] pleased that the court is acting swiftly to address the issues in this case.’”
 
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