HEALTHCARE IN AMERICA (2)

The "Obamacare" healthcare bill, which was signed into law last spring, has already been subject to legal challenges. In particular, the courts have been asked to rule whether the universal obligation to take out some sort of health insurance is unconstitutional, on the grounds that Congress is exceeding its powers (the basic principle is that powers are reserved to the states unless the constitution specifically says otherwise, and it is felt by many that the interstate commerce clause does not cover the matter). Five federal judges have considered this question, three Democrat appointees and two Republican, and their decisions represent the party line. The Democrats in Michigan, Virginia and Washington D.C. have decided that the mandate is constitutional; the Republicans in Florida and Virginia have decided that it is not.

These decisions are now wending their way up through the appellate system, and will almost inevitably reach the Supreme Court at some point. Given that, isn't there much to be said for shortening the process and getting the Supreme Court to decide now? After all, if the mandate is unconstitutional, then a lot of what is currently happening "on the ground" is going to be made redundant. No, decided the Supreme Court today. Fast track procedures take place only rarely, in times of war or constitutional crisis; and this is not one of those.

A victory for legal punctiliousness. But is also leaves that legal uncertainty. Until the Supreme Court definitively gives its view - and that is not expected for at least another year - it will not be known whether Obamacare will survive in its current form.

Walter Blotscher