Wouldn’t be a news cycle without a “Congressional Dems are worried about X for 2012” story, concern X in this case being the Supreme Court’s promised legal review of the PPACA.
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 justices “decide for insurance companies, they decide for oil companies, they decide for the wealthy too often.”
The pessimism is fueled in part by the John Roberts court’s decision in the 2010 Citizens United case on corporate spending in elections, which Brown has called the “worst” in his memory.
I expect a little better from Ohio’s Sen. Sherrod Brown, setting the table for blaming SCOTUS should the law be struck down. I don’t think it will be. President Obama asked for this, because the question needed to be settled now. It’s a good law, and it’s constitutional. Proving that can only bolster the case for his re-election.
There is an argument about what a SCOTUS ruling would mean to the election, Steve M. covers this in more detail. I happen to think that a ruling in favor of the President wouldn’t hurt him, as the people who are going to vote against him because of “death panels in my breakfast cereal” were going to do so anyhow.
There is also the notion however that more than one justice should recuse themselves from the case, the left argues Scalia and Thomas have a conflict because of openly dealing with the litigants, the right demands Kagan recuse herself because of her role as Solicitor General before joining the court. I leave the lawyering to ABL, best I can do is amateur psychology.
I still think the law will pass muster, personally. But already using the “we lost!” playbook this early, Sherrod? Really?