Supreme Court Decision To Hear Affordable Care Act Case Does Not In Any Way Imply That The Law Is Unconstitutional

Blog ››› ››› ADAM SHAH

Media should be cautious about reading anything into the Supreme Court's decision to hear a constitutional challenge into the Affordable Care Act. The Court's decision does not in any way provide evidence that a majority of the Court suspects the law might be unconstitutional. Indeed, the Obama administration itself asked the Court to hear the case.

In a phone conversation with Media Matters, Doug Kendall, founder and president of the Constitutional Accountability Center and an experienced Supreme Court litigator, points to three factors in this case that nearly guaranteed that the Supreme Court would review the case:

Kendall said that when all three factors are present, it is "effectively the Supreme Court's duty to hear the case." Put another way, Kendall said it would be "irresponsible for the court not to hear the case."

Posted In
Government, The Judiciary, Health Care, Health Care Reform
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