Thursday, June 30, 2011

Could the Supremes Pass On ACA?

Not likely, I realize, but you know -- stranger things have happened. We have more decisions to come, but it's possible, if not probably, that all the Circuit Courts will find that ACA is constitutional. Even if that happens, the Supreme Court certainly could decide to take the case anyway. Still, I figured I might as well mention that it's not an absolute, iron-clad certainty that these cases will wind up going all the way.

Good analyses of yesterday's decision? Andrew Koppleman has a good overview, and I'm not sure I agree with Adam Serwer's take, but it's very much worth thinking about.


  1. Not with challenges in every circuit being lodged with the specific intent of getting a Supreme Court decision.

    Remember Auric Goldfinger's rules. Once is happenstance. Twice is coincidence. Three times is enemy action

  2. Interesting, and long, take on what could happen if ACA gets to the Supremes from a law professor of mine:

    He's an originalist, and I think that comes across in his piece, but it's still interesting.

  3. Of course if every circuit affirms and the Supreme Court denies cert in each case, that is tantamount to the Court announcing its decision on the issue. I don't know the odds on that, but it isn't implausible--I personally think it is quite likely a large majority, if not all of the Court, would agree that this is not a matter the courts should be adjudicating.


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