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Electoral Impact of ObamaCare Case

The Supreme Court’s announcement today that it will review the constitutionality of ObamaCare ensures that the health care law will be one of the biggest issues in next year’s presidential and Congressional elections.  Federalism – including the Tenth Amendment and Congress’ enumerated powers – will also be a prominent election issue because the Court’s decision will have even larger implications than the fate of ObamaCare.  The decision will answer the momentous and timely question of whether there are any real limits on the federal government’s power over states and individuals. See here for my recent op-ed exploring the additional cases that will make this the most politically important Supreme Court term in decades.

The prominence of ObamaCare in the 2012 elections is good news on its face for conservatives, but it’s hard to know which way the issue will ultimately cut.  That depends, in part, on what the Supreme Court decides.

If the Supreme Court upholds ObamaCare in its entirety, it will be seen as a victory for Obama and Congressional Democrats, which would likely provide them with some electoral momentum.  On the other hand, such a decision by the Court would throw responsibility for reforming or repealing ObamaCare entirely on the shoulders of the new Congress and President, thus making it an even bigger political issue.  That might be bad news for Democrats given ObamaCare’s continual poor showing in the polls.

Conversely, if the High Court strikes down ObamaCare in its entirety, it would be a victory for Republicans, giving them the electoral momentum, but at the same time largely depriving them of one of their best election issues.

The third possibility is that the Supreme Court will strike down one or more of the challenged ObamaCare provisions – the individual insurance mandate or the expansion of Medicaid – but leave much of the statute in effect.  That might be the best case for Republicans.  They would be able to say “I told you so,” while the campaign’s focus would be riveted on how to repair the shattered statute, with Democrats on the defensive.

It looks like which outcome to root for in the Supreme Court depends on whether you’re most concerned about ObamaCare or the 2012 elections.

COMMENTS

  • nathanalbright

    …and it is hard to know which way to root. I would have to think that a decision in favor of all of ObamaCare might be similar to what Roe v. Wade or Dred Scott vs. Sanford did for the Supreme Court, and that is make it look like a tool of the forces of evil, mobilizing massive hostility against the SC from the Republican electorate. I agree that, short term, the best solution would for the court to strike down the worst provisions and then rely on Republican control of the House and Senate and Presidency, with a firm hand on the squishies like McConnell, to get the whole plan junked and replaced with something better (something that might lower costs without requiring ObamaCare’s future rationing) by getting rid of the semi-public nature of our currenet health care system.