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the US Supreme Court

Whatever your political or deeply-held belief is about health care reform, put it aside for a few minutes and take solace -- not to mention pride -- in the way the Court is trying to stay above the fray. As we've seen with certain past Courts, that's not so easy. Either the Court actually succumbs to political pressure, or they allow their own passions to rule the day.

But this Court is protecting the integrity of the institution.  And we need that institution -- it's integral to our system. In a time that's as politicized as any in our country's history, this Court did the hard work, cracked the books, engaged in high-level thinking, combined academia with common sense, and produced a defensible result.

Personally, I think they were right on the mandate result, but I would have used interstate commerce as my basis.  And personally, I really think they are correct -- in a legal, theoretcal sense -- on the Medicaid issue. It's been a long time coming, and the good news is, it is something with which Congress can easily comply and implement their policies -- they just have to do it a bit more carefully.  So it's not a deal breaker for everyone, just a great ruling.

The issue came up a while back, in relation to another federal-funing scenario, and a lot of us got really involved in it. I will never forget the first time I listened in on a multi-state phone call on the issue. There were some Texas attorneys who were all fired up and freaking brilliant about it, but for reasons that aren't relevant, it eventually fizzled.

Too bad it had to come up again in the health-care-reform context, because it will be seen as political, but I think just possibly it's excellent law. And everyone -- lawyer and non-lawyer -- can appreciate that, right?

So the good news is, the Supreme Court isn't about to self-destruct any time soon. Whatever the personal proclivities of the individuals, they seem committed to protecting the institution. My hat's off to them.

Kate
p.s. No more politics or law in the near future, I promise!

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