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Outside Editorial: Politics and the court

Posted: January 4, 2012 - 1:04am

The following editorial appeared in the St. Louis Post-Dispatch:

This year, the U.S. Supreme Court will take up three issues that would be important at any time in the nation’s history: health care reform, immigration enforcement and determinations of geographical boundaries of legislative districts.

But, because all three issues are politically volatile, the cases could be particularly important in 2012, an election year, although precisely how will depend on what the justices decide.

Oral arguments in a Texas case involving legislative districts are scheduled for Jan. 9. The court has allotted three days in March for arguments on the federal health care reform law. The challenge to Arizona’s immigration law of 2010 probably will come up in April.

The court’s rulings could have far-ranging effects on the lives of Americans and alter the division of power between the federal government and the states. All three issues could indicate whether the court—the one branch of government that should stand above politics—has become yet another forum for partisan squabbling.

Challenges to the Patient Protection and Affordable Care Act of 2010 received heavy scrutiny as they worked their way to the Supreme Court from district and appellate courts. The overriding question is whether two parts of Article 1, Section 8, of the Constitution — the commerce clause and the necessary-and-proper clause — give Congress the power to require Americans to purchase health insurance.

Opponents say this so-called individual mandate exceeds that authority. A related question is whether the rest of the law would remain valid if the mandate were ruled unconstitutional.

A third aspect of the case involves the law’s requirement that states expand eligibility for Medicaid to include virtually all uninsured low-income residents.

The federal government ordinarily covers the majority of Medicaid costs. In the new law, the feds would pay states 100 percent of the expansion costs, but only for three years, starting in 2014. The states challenging the law say the expansion amounts to coercion.

Finally, a little-known provision of the federal tax code known as the Anti-Injunction Act raises the possibility that all existing challenges to the health care reform law are invalid.

The provision prohibits lawsuits against any tax before it takes effect. The health care law levies a penalty, enforced by the Internal Revenue Service, for failing to buy insurance, but that part of the law doesn’t go into effect until 2015.

In Texas’ 2011 redistricting case, the Republican-dominated Texas legislature revised maps of legislative districts for its two legislative chambers and the U.S. House of Representatives to match the results of the 2010 Census. There are about 4 million more Texans now than in 2000, which entitles the state to four more seats in Congress. Of the increase, 2.8 million are Hispanic residents and about 523,000 are African-American.

Texas is among nine states (along with parts of seven other states) with a history of voting discrimination against racial minorities. By law, it must get proposed voting-related changes approved by the Department of Justice or by a three-judge federal court panel in Washington. Texas chose to submit its maps to the court panel.

The judges found problems with the legislature’s minority standards and decided a trial was needed to assess the maps. A federal court in San Antonio then drew up interim maps to use until the trial could be held.

Texas Gov. Rick Perry and other officials filed an emergency petition with the Supreme Court, asking it to freeze the interim maps (which gave greater voting power to Hispanics and blacks) and decide whether the Texas legislature or a federal court is the proper body to draw legislative districts.

The uncertainty has cast confusion over a state primary election scheduled for March 6.

Arizona’s restrictive immigration law, enacted in 2010, included a highly controversial requirement that state law enforcement officers detain people stopped for any reason if they cannot prove they are in the United States legally.

In April, a federal appeals court ruled that four provisions of the law improperly preempt federal law.

In both the immigration and redistricting cases, the court could choose to rule broadly — giving all states the guidance they need on these controversial issues—or impose a narrow judgment that applies only in specific instances.

There is no shortage of predictions of how the court will decide these cases. But until oral arguments provide solid clues to the inclinations of swing Justice Anthony Kennedy, everything is mere guesswork.

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Latitude58
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Latitude58 01/04/12 - 07:22 am
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I hope...

...the Supremes shoot down the insurance mandate. Then the whole healthcare plan collapses.

This will force President Santorum to scrap it and come up with a replacement. The obvious solution is to extend Medicare to all.

Jo MacNamara
697
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Jo MacNamara 01/04/12 - 09:00 am
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Extend Medicare to all

I totally agree.

And Santorum won't be the next POTUS, so I hope you were being sarcastic.

And the insurance mandate will be shot down. It goes against First Amendment. Congress can't make anyone buy anything.

Latitude58
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Latitude58 01/04/12 - 09:25 am
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Oops, my mistake, Jo

Make that 'President Bachmann'.

And the Constitution will have nothing to do with the Supremes decision. It all hinges on politics, and there are 5 republican justices on the court right now, so they'll vote the party line.

madison89
1040
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madison89 01/04/12 - 09:27 am
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I would like to see BO care ,

Unpublished

I would like to see BO care , & the portion of the Voting right act that makes some states grovel before the federal masters, scrapped.
And I would like to Arizona prevail. If the Feds will not enforce our immigration laws, the supreams should allow the states.

islander
1257
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islander 01/04/12 - 09:43 am
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waite and see

The idea anyone can predict the outcomes of these cases is speculative at best. SCOTUS relies on far more than simplistic opinions to render their decisions. Most individuals have very small perspectives based on personal opinions as to each of these cases.

To me the more impending issue is the number of GOP presidential candidates who believe in changes to the Court that would give Congress and the President more power over the Court. For these two parts of our system already are the ones who determine who will be appointed. Now they want a do-over every time they do not like a SCOTUS decisions. Any changes to the Court would lead to possible reversal of every decision with a change in the then current politicians.

teabagger
42
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teabagger 01/04/12 - 10:08 am
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"Congress can't make anyone buy anything" ?

Maybe not, but they can tax. Just a matter of perspective.

Persnickety Persimmon
4173
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Persnickety Persimmon 01/04/12 - 10:41 am
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The government most certainly

The government most certainly CAN make you buy something. Ever heard of auto insurance? How about food and clothes for children? Boy, there's a mandate that doesn't seem to drum up much controversy!

Justice Scalia even said that the mandate is constitutional. And he's a conservative justice. Here's the thing: the insurance companies LOVE the mandate, so it's not going anywhere.

teabagger
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teabagger 01/04/12 - 11:08 am
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PP, a point of clarification,

the gov can't make you buy auto ins, but it can make it a condition to reg or drive a vehicle. you can always take the bus. nor does the gov mandate that you buy clothes or food for you kids, but does require you as the legal guardian or parent to take care of them. could always hunt or make the clothes. how AK would that be?

Persnickety Persimmon
4173
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Persnickety Persimmon 01/04/12 - 11:22 am
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You are required to have auto

You are required to have auto insurance to drive a vehicle, because otherwise no one would buy it and auto accidents would result in both people parties forever in debt.

The same logic applies to the individual mandate. I'd much rather see a single payer system, but I'm not worried about the ACA being invalidated by the supreme court. The reasonable justices will rule it constitutional, as will the corporate justices.

Calypso
6974
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Calypso 01/04/12 - 06:45 pm
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A mandate to buy health

A mandate to buy health insurance is not equivalent to having to buy car insurance.

A person has the choice to NOT own a car, hence no need for car insurance.

A person does not have the choice not to own his body. Also, your body is considered private property covered under the 1st Amendment.

p, where did you hear Scalia say anything about BOCare? I doubt he's out talking about it. The decision isn't going to be a slam dunk in favor of because Kagan should recuse herself, if she has any integrity.

Insurance companies aren't loving the mandate. Have you seen the numbers of how many employers are dropping healthcare coverage? The end game with BOCare is to quickly put private insurance companies straight out of business. Then you and your big government lovers can have single payer and rationing and sky rocketing costs and all the other great unsustainable things that come with socialism.

Mama T
2401
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Mama T 01/04/12 - 09:15 pm
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Health Care is Already Socialized

The cost is already on your bill...along with many profit layers. Don't give me that Socialism BS as a reason to protect the self serving practices of the insurance industry. It's industry propaganda.

They are NOT our good neighbors and there's nothing good about those hands if ya have to file an expensive claim.

Calypso
6974
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Calypso 01/05/12 - 11:04 am
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Whoa, mama - lashing out but

Whoa, mama - lashing out but not discussing any of the points I brought up?

Explain to me exactly what effect the various government programs have on our current private health insurance rates - if you can.

Don't just vilify a whole industry - it makes you look petty and partisan.

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