Ginsburg And Scalia Give Some Big Clues On Obamacare

The U.S. Supreme Court could release an opinion on health reform any day now, and every word out of the justices’ mouths is fueling speculation on its fate.

Well, Justices Ruth Bader Ginsburg and Antonin Scalia might have given us some clues on Obamacare in recent days, Forbes contributor Avik Roy pointed out Sunday.

Ginsburg revealed her thinking Friday at the American Constitution Society, while Scalia took his moment in the spotlight to write a 500-page book on his philosophy set to be published Tuesday.

In her speech, which was posted online, Ginsburg ribbed the press for speculating so wildly about health reform but then gave us a few apparent hints on how the case might shake out.

The liberal justice pointed out that 45 per cent of the opinions the court has already released this term were decided unanimously. “Quite collegial, would you not say?” Ginsburg said.

But then, she added, indicating a possible sharp divide on health care, “Many of the most controversial cases remain pending so it is likely that sharp disagreement will go up.”

Justice Ginsburg also pointed to the possibility that she could issue a scathing dissent on Obamacare, pointing out that minority opinions have inspired lawmakers to make changes on their own in the past.

Meanwhile, Scalia indicated in his book that he really didn’t like the Supreme Court’s 1942 decision in Wickard v. Filburn, a New York Times review pointed out. That ruling favoured an expansive view of the federal government’s ability to police interstate commerce.

“The bottom line is if Scalia thinks Wickard was wrongly decided, he’s almost certain to overturn the [insurance] mandate,” Roy wrote in Forbes.

Stay tuned for word on the Supreme Court’s decision and what it means.

Watch this video of Ginsburg discussing her view:


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