Why the Health Care Challenge Is Wrong
The Supreme Court’s hearings in the health care case, *Department of Health and Human Services v. Florida*, over a nearly unprecedented three days of oral argument, generated all the attention, passion, theater, and constant media and editorial coverage of a national election or a Super Bowl. The legal issues, most analysts think, are not really controversial: the Constitution’s text, the Supreme Court’s own precedents, and basic constitutional principle seem obviously to require upholding the Affordable Health Care Act. But the questions of the ultra-conservative justices in the oral argument have now convinced most commentators that on the contrary, in spite of text, precedent, and principle, the Court will declare the Act unconstitutional in June, by a 5-4 vote.
