How Would the Supreme Court Ruling on Health Care Reform Affect the Election?

How Would the Supreme Court Ruling on Health Care Reform Affect the Election?

How Would the Supreme Court Ruling on Health Care Reform Affect the Election?

The Republican base is just as likely to be outraged by a decision on the constitutionality of the Affordable Care Act. 

Facebook
Twitter
Email
Flipboard
Pocket

 Timothy Noah, writing in The New Republic, suggests that getting a Supreme Court ruling before the 2012 election could help President Obama’s re-election prospects, regardless of which way the Court rules.

Surely from a political standpoint, President Obama is smart to press the Supreme Court for a health care decision this coming June, no? If the Court upholds Obamacare then we will all be reminded that this sole accomplishment makes Obama the most consequential Democrat since Lyndon Johnson to occupy the Oval Office…. But slapping down a sitting president in a transparently partisan manner with a decision that did violence to eight decades of jurisprudence and that would literally cost American lives–yes, I think a “no” vote would be a pretty bad way for the Court to go–would be a fantastically effective way to "energize the base," as we say in Washington, and maybe rope in some independents, too.

But Noah is only looking at the liberal side of the ledger. The people who give the most thought to the constitutionality of the Affordable Care Act are conservatives. And they are adamantly opposed to it. A ruling upholding health care reform would surely rile up the Republican base.

A ruling against the law would presumably only overturn the individual mandate, and would only win with a 5-4 margin. That gives Republicans have three powerful arguments to make to their base about the importance of the election: Obama does not respect the Constitution, it is very important to control future Supreme Court appointments, and it is important to control Congress and the White House to determine the fate of the rest of the law.

On policy grounds I think it was wise for Obama to ask for a ruling from the Court as soon as possible. Politically, I think it’s a toss-up.

We cannot back down

We now confront a second Trump presidency.

There’s not a moment to lose. We must harness our fears, our grief, and yes, our anger, to resist the dangerous policies Donald Trump will unleash on our country. We rededicate ourselves to our role as journalists and writers of principle and conscience.

Today, we also steel ourselves for the fight ahead. It will demand a fearless spirit, an informed mind, wise analysis, and humane resistance. We face the enactment of Project 2025, a far-right supreme court, political authoritarianism, increasing inequality and record homelessness, a looming climate crisis, and conflicts abroad. The Nation will expose and propose, nurture investigative reporting, and stand together as a community to keep hope and possibility alive. The Nation’s work will continue—as it has in good and not-so-good times—to develop alternative ideas and visions, to deepen our mission of truth-telling and deep reporting, and to further solidarity in a nation divided.

Armed with a remarkable 160 years of bold, independent journalism, our mandate today remains the same as when abolitionists first founded The Nation—to uphold the principles of democracy and freedom, serve as a beacon through the darkest days of resistance, and to envision and struggle for a brighter future.

The day is dark, the forces arrayed are tenacious, but as the late Nation editorial board member Toni Morrison wrote “No! This is precisely the time when artists go to work. There is no time for despair, no place for self-pity, no need for silence, no room for fear. We speak, we write, we do language. That is how civilizations heal.”

I urge you to stand with The Nation and donate today.

Onwards,

Katrina vanden Heuvel
Editorial Director and Publisher, The Nation

Ad Policy
x