Wednesday, June 27, 2012

ObamaCare Prediction: No Decision, Rehearing in Fall

    After a brief twitter conversation with James Taranto this evening, I've decided to blog my prediction just in case it comes true and makes me look like a genius.  My theory is that court will decide that it needs to consider overturning Wickard v. Filburn, just as in 2009 the court ordered a rehearing of Citizens United to consider overturning Austin v. Michigan Chamber of Commerce and parts of McConnell v. FEC.  A restoration of the Commerce Clause to pre-Wickard interpretation would certainly warrant further consideration based on the explosion of power Congress has asserted through that clause in the intervening years.  There would also be the added benefit of removing the ObamaCare ruling from the election year perhaps shielding the court from charges of politicking (although as Taranto pointed out, this objective would not be served by asking for briefs on reversing Wickard.)
    In a cruel stroke of irony, such an announcement would probably overwhelm the U.S. healthcare system due to the collective heart attacks and strokes suffered by the millions who are already being driven to distraction awaiting the outcome.
    Eleven hours and counting...

UPDATE:  On second thought, never mind.

1 comment:

  1. Interesting prediction. Will Justice Ginsberg be on the Court long enough to vote on the outcome?
    I predict a 2,300 page ruling full of the phrases "As the Chief Justice determines" and "at the discretion of the Chief Justice" that includes establishment of a death panel for Congressmen who pass unread bills.