The Supreme Court has finally decided to begin hearings on President Obama’s Patient Protection and Affordable Care Act (or more famously, Obamacare). The legislation, which is one of the most controversial of his Presidency, has been divisively settled in a number of appellate and circuit courts around the country. Most recently the conservative-leaning Appeals Court in D.C. registered a split decision upholding the most controversial provision of the healthcare law, the individual mandate. This provision states that almost every in the U.S. will need to have health insurance when the law goes into effect in 2014. The Supreme Court will be hearing on the healthcare law, but has left the option open to wait to rule on the individual mandate until it goes into effect in two years.
Given the rulings of federal courts throughout the land, the healthcare law’s constitutionality, in particular the constitutionality of the individual mandate, has been inconsistent to say the least. With the Supreme Court ruling, the matter will be decided once and for all. However, the fact that the Supreme Court will be accepting hour-long arguments for the Anti-Injunction Act – a law that will allow them to wait to rule on the mandate until it actually goes into effect – gives them the political out to punt the issue down the road and possibly into a new presidency. This is important, because should the highest court rule on such a pivotal law in the middle of a presidential campaign, it could seriously influence the 2012 election cycle.
If SCOTUS finds the individual mandate constitutional, it will be a massive boost to the credibility of Obama’s first term, and will give him a significant boost in political capital at a time when he’s seen his approval ratings waning. Conversely, if the individual mandate is struck down then Obama loses the cornerstone of his flagship piece of legislation and gives his opponents further evidence in characterizing him as an ineffectual “one-term President”. The Supreme Court has not been in a position to so significantly impact the outcome of a Presidential election, but this is also one of the most conservatively political panels in history. The potential for abuse is clear and present.
The Supreme Court is giving this decision all the appropriate weight, however, allowing for an astounding five and a half hour oral argument, the longest in recent history. The decision, when it is made, will likely be postponed until the court’s last session in late June, although they’ll be hearing on the case early this spring.
