Health Care

Could SCOTUS Be The Death Panel For Health-Care Reform?

Zachary Roth | March 23, 2010, 12:36PM

From left, Attorneys General Bill McCollum (FL), Ken Cuccinelli (VA) and Henry McMaster (SC)

Now that President Obama has signed health-care reform into law, opponents of the bill are pinning their hopes of stopping it on a last-ditch legal strategy. A group of 13 state attorneys general has filed suit (pdf), arguing that the law is unconstitutional.

The bid seems far-fetched at first. But the Roberts Court has recently shown a willingness to strike down landmark legislation -- charges of judicial activism be damned. So, given the stakes, it's worth asking: Could health-care reform have made it through the congressional gauntlet, only to end up dying in the courts?

(Late Update: The Justice Department is signaling that it's already gearing up for a fight. "We will vigorously defend the constitutionality of the health care reform statute," a DOJ spokesman says.)

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