It could be one of the smartest political moves the Obama administration has made ? or a historic mistake that could kill not just the health care reform law but the president?s chances for reelection, too.
By asking the Supreme Court to rule so quickly on the constitutionality of the Affordable Care Act, the administration is taking a huge risk that the justices will rule against the law right in the middle of the 2012 race ? either striking down the whole law or just slicing out the requirement for nearly all Americans to buy health coverage.
Continue ReadingIt?s also taking a huge political risk: Supreme Court arguments, and possibly a ruling in summer 2012, could generate headlines and wall-to-wall cable news coverage that would just remind millions of voters about the least popular parts of the health care law. If all voters hear about is the individual mandate ? the most hated piece of the law ? they may not hear about the parts they do like.
So why is the Justice Department asking for the Supreme Court to review the case now ? rather than playing for time before the 11th Circuit, which it could have done, or even just waiting to file with the Supremes just before the November deadline?
The administration seems convinced that proceedings before the court will play out in its favor ? with a speedy vindication by the high court and a chance to settle all of the uncertainties so the law can finally move forward.
?We think it important to get a decision from the Supreme Court, with the finality that that brings, to get that decision sooner rather than later,? a senior Justice Department official told reporters on a conference call Wednesday afternoon.
A quick ruling would give more confidence to businesses, the insurance industry and consumers that they?ll know what to expect with the law, the official said ? citing recent findings that at least 1 million young adults ages 19 to 26 have already gained coverage through a provision that lets them stay on their parents? insurance.
And by going to the Supreme Court now, the Obama administration addresses a painful practical reality: A second Obama term is no longer as safe a bet as it was a few months ago. So if the Supreme Court doesn?t take up the health reform law this coming year, it may get the case with a Republican in the White House ? and a Department of Justice that doesn?t lift a finger to defend the law in court.
The decision to file the Supreme Court petition Wednesday was clearly coordinated at the highest political levels. Within minutes after the Justice Department alerted reporters that the petition was coming, Stephanie Cutter ? a deputy senior adviser to Obama who will take a top role in his reelection campaign at the end of the year ? posted a White House blog entry?that compared the law?s legal struggles to past challenges to sweeping social reforms, like the Social Security Act and civil rights laws.
And just as other health reform lawsuits failed in other appeals courts, Cutter wrote, the recent 11th Circuit Court of Appeals ruling that the coverage requirement is unconstitutional will fail in the Supreme Court, too.
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