"Scarcely any question arises in the United States which does not become, sooner or later, a subject of judicial debate." -- Alexis de Tocqueville, Democracy in America (1835)
Health care. The question of "universality" is a hot issue in the political world and has generated a great deal of controversy across the ideological spectrum. However, just as Tocqueville stated in the 19th century, nearly all political questions eventually become judicial questions as well. The "individual mandate" provision of Obama's Patient Protection and Affordable Care Act mandates that most Americans purchase health insurance or face financial penalties, as a means of spreading health care costs. Is this provision unconstitutional? Will the Supreme court take on the issue? Will health care genuinely be reformed?
In the long run, according to Bill Mears, "The opportunity to rule on a landmark case like health care brings with it precedent-setting opportunities to either expand or deflate not only the power of Congress and the executive, but of the judiciary's own prestige and authority as well." What will be the impact on the three branches should the court take on the case?
Just some food for political thought.
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