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The Expert Agrees With Me–The Affordable Care Act (Obamacare) With Mandate Will Be Upheld

On Monday I did a CNN iReport titled Arizona Bill Left Neutered But Still Biased Against Those With The Wrong Pigmentation. At the end of the report I took a contrarian view after the Arizona bill was gutted and said that the Affordable Care Act (Obamacare) will be upheld in its entirety. In fact I left a comment below my report stating I thought it would be a 6-3 decision upholding it.

 

EWillies1961

June 25, 2012

@Liberty1955

Hope not but we will see. I am thinking 6 to 3 to uphold the entire thing. I may be dreaming. But I think SCOTUS will understand there are no grown ups in Congress and realize that folks lives are at stake. Maybe I am giving them more morals than they have. Maybe they are just as immoral as the average politician.

 

I got some interesting responses. These stood out

Autarkh

June 25, 2012

"Hope not but we will see. I am thinking 6 to 3 to uphold the entire thing. I may be dreaming."

You are delusional.

jtchicago2

June 25, 2012

EW – I wrote a long essay response. Then thought, it’s a waste of time with you. You’re too thick, too green in American culture, to understand or relate to any response I provide.

Good luck wallowing in ignorance.

 

 

Now I saw a tweet from George Stephanopoulos that pointed to the blog below from the SCOTUS expert. It gave me the courage to put the prediction on my blog. Will I have to come back tomorrow and take the humiliation for going out on a limb for being delusional?

LIKE My Facebook Page


In the end

Tom Goldstein Publisher

Posted Wed, June 27th, 2012 11:22 am

In the end, you have to make a prediction and take responsibility for it.  I believe the mandate will not be invalidated tomorrow.  Far less important, I expect the principal opinion will be written by the Chief Justice; a majority of the Court will find it has jurisdiction; and the challenge to the Medicaid expansion will be rejected.

Most observers disagree.  There are certainly good reasons to believe the Court will invalidate the mandate.  Most important, at the oral argument, the questions of two critical Justices – Justice Kennedy and the Chief Justice – were on the whole critical of the mandate’s constitutionality.

But in the end, based on the entire mix of information I have, I think the mandate will not be struck down tomorrow.  (I don’t have any inside information, nor does anyone else.)  My prediction includes the possibility that there will not be a single majority opinion for the theory on which the mandate is upheld, and even the thin possibility that the Court will not have a majority to find the mandate constitutional.

My level of confidence isn’t overwhelming, but it’s good enough to give a concrete prediction.  We’ll see.

In the end : SCOTUSblog

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