Obamacare and the Courts.
Posted By Cliff Tuttle | December 14, 2010
No. 543
Dear Non-lawyers:
Despite what they tell you on Fox News, the decision by US District Judge Hudson in Richmond means little concerning the final resolution of the issues relating to the constitutionality of the requirement that everyone acquire health care insurance by — did someone say 2013? We’ll need every minute of it, maybe more.
The Supreme Court probably won’t be parsing the Hudson opinion, as several commentators did on the news reports. They’ll be collecting opinions from various Circuit Courts of Appeals who will, over the next year or two, weigh in and be in conflict with each other on outcome and reasoning. Only then will the high court step in and resolve the issues raised in the Circuits.
And the Justices are likely to have a few ideas of their own. The outcome is unpredictable at this point in time. Patience.
CLT