A poll of former Supreme Court clerks of current justices and lawyers who have argued cases before the Court, shows only 35% believe the Court will find the individual mandate unconstitutional, and only 19% say it will find the Medicaid expansion unconstitutional. That said, who really knows how the right wing extremist justices will rule, except for one thing: They're so worshipful of the doctrine
corporations are people, that any Commerce Clause ruling which could undermine all those mega-multimillion corporate "people" — insurance and drug companies — would be anathema to these robed overlords. Screwing over
real flesh and blood people, as in the
Citizens United ruling, hey we're all fair game. The "conservative" posture is to not shake up 17% of the economy by messing with a law that is already being implemented, much less cramping the business expansion of their beloved corporate "citizens."
Here's
the spin:
"[T]he percentages still reflect what has been the conventional wisdom among those in the legal community heading into this week's oral arguments. As it stands now, the bet is that the court will ultimately rule the Affordable Care Act constitutional. The reasoning for this usually falls into one of three categories: that the small sliver of legal precedent suggests the law will be upheld, that the court would respect congressional action as a default position, or that individual justices are invested in establishing their bipartisan credentials this go-around.
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