litigation = the last line of defense?
I’ve been reading more and more about the constitutionality of this massive healthcare reform bill in the news and blogs over the last few weeks, but it seems like the idea has really taken off in the last few days. One blogger I’m a big fan of is Josh Blackman, and he’s been blogging on the possible “Constitutional moment” that would occur if the SCOTUS actually decided to hear questions of constitutionality if the healthcare bill passes. He caught this article from The Hill before I did:
With Democrats in control of the White House and large majorities in the Senate and House, Republicans view the third branch of government as their last, best hope to limit Obama’s ambitious reform agenda.
“Since Democrats cut Republicans out of the healthcare negotiations in Congress, maybe the only way to have any input into the health bill is through litigation,” Bossie added.
This story is directly related to my last post about transparency and healthcare, as you can see from the second paragraph I quoted. The Dems have totally shut out the Republicans in their secretive efforts to force this bill through to the President, so what else can conservatives do other than win big in the 2010 mid-terms, as it looks like they might do? Top Democrats head for the exits
My pre-law advisor had us read a very interesting book dealing with whether or not the Courts are actually desirable and effective venues for any meaningful change in public policy, specifically the chapters on Race and Abortion. I think I might revisit that book briefly, to see if any parallels can be drawn with the HC debate.
Have it good,
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