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As I’ve mentioned a time or two, I’m a health care attorney as well as an author. We’re all on pins and needles about tomorrow’s US Supreme Court decision(s). I don’t do politics on this blog, but I will probably post my reaction just because this is such a big deal in my life.  I can definitely put my personal opinions on the subject aside for one day and just wallow in glory of whatever happens.

Months ago, I was convinced the law would be upheld. Then I began to suspect that it would be struck down – or at least, the “mandate” that requires everyone to have insurance would be struck.

After seeing what went on earlier this week in regard to Arizona’s immigration law, I now think that the Court will find a way to (1) punt some of the issues, (2) decide some issues in a way that will allow the Obama Administration to declare victory, and (3) decide other issues in a way that allows the opposition to claim victory.  This type of parsing is quite easy for this particular law (the Affordable Care Act) because there’s a lot going on in it, raising interstate commerce issues, states-rights issues, possible tax issues, and some fairly technical but fascinating issues about Medicaid, along with lots of other potential fun constitutional law.

And fyi, I’m one of the few people in the country who can actually use “fascinating” and “Medicaid” in the same sentence and truly mean it! I love Medicaid law. It’s a mind-bending patchwork, a convoluted maze – drama, intrigue, billions of dollars at stake, lives at stake, political lives at stake … whew, I need to lie down…

The answer will be revealed tomorrow morning around 7 a.m. my/California time.

Do I think there’s a single “right” answer to something this complicated? Not really. The fear of course is that it’s such a hot potato, politically speaking, that the Court can’t just wrestle with the challenging constitutional issues, but must also find a way to protect itself from charges that its actions are politically motivated. I don’t envy the Justices this task, that’s for sure.

[I used my SPACE FEVER cover as the thumbnail on this one b/c of the FEVER -- it's the closest to health care I could find]


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