Supreme Court Unlikely to Overturn Health Reform

It's not unthinkable, but it's an extreme long shot
By John Johnson,  Newser Staff
Posted Mar 23, 2010 5:09 PM CDT
The Supreme Court probably wouldn't overturn the law on health care reform, say legal analysts.   (AP Photo/Charles Dharapak. FILE)

(Newser) – If the legal fight against health care reform makes it to the Supreme Court, it's a safe bet justices won't overturn the law, writes Zachary Roth. He surveys legal experts on the left and right and finds consensus: It's "not out of the question" that foes could succeed but it's an extreme long shot.

Their strongest argument revolves around the Commerce Clause and the assertion that it's unconstitutional for the federal government to require people to buy insurance. But the justices would have to "radically break" with previous rulings on the clause to scrap reform. To do so would "be more aggressive than Bush v. Gore" says one law professor, and "they're probably not eager to do that again." Read the full analysis at Talking Points Memo here.

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