Subject: The SCOTUS Decision -- Waiting on Pins and Needles
From: "Dr. Kevin Fickenscher" <[email-masked]>
To: <[email-masked]>
Date: Tue, 26 Jun 2012 16:17:18 -0400 (EDT)

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Waiting on Pins and Needles

Everyone was betting on a Monday release, but we still await The Supremes' Decision....

The Supremes have yet to finally weighed in and -- we are all  awaiting their final
verdict on pins and needles.  It's very clear to  judicial scholars that the decision
on the Obama healthcare reform plan  from the Roberts Court ranks right up there
 with major decisions from  the Warren Court era.  In fact, some folks are suggesting
that this  decision could be one of the top 10 of the entire history of the U.S.
 Under the Warren Court, we saw an activist court. For example, Brown v. Board of
Education,  347 U.S. 483 (1954) was unanimous, 9-0, and likely the most important
 case ever decided by the Supreme Court. It declared state laws  establishing separate
public schools for black and white students  unconstitutional.  Then there is Baker
v. Carr, 369  U.S. 186 (1962)  as a 6-2 decision which established that redistricting
 issues present judicial questions, not political questions, thereby  enabling the
courts to intervene in and to decide reapportionment cases  or Reynolds v. Sims,
 377 U.S. 533 (1964) as an 8-1  ruling (really more 7.5 to 1.5 as Potter Stewart
 issued both a  concurring and dissenting opinion). It established the rule that
 state  legislature districts had to be roughly equal in population. And, there 
 is Gideon v. Wainwright, 372 U.S. 335 (1963) which  unanimously ruled that under
the Sixth Amendment of the Constitution  the courts must provide counsel in criminal
cases for defendants who are  unable to afford their own attorneys along with Miranda
v. Arizona,  384 U.S. 436 (1966) at 5-4 which established that defendants must be
 informed of the right to consult with an attorney before and during  questioning
or any evidence obtained through questioning will be thrown  out.

Now that we've missed the Monday window, everyone is expecting that  The Supremes
will release their long awaited decision on the legality of  the Obama healthcare
reform package on Thursday of this week. So,  since I couldn't comment on what they
have decided, I thought I would  share some thoughts on what they might decide and,
more importantly,  what it means. The following scenarios  are based on prior circuit
 court decisions -- which can be very important based on who wrote the  opinion,
 how the March oral arguments went, and the blogosphere where  countless legal experts
and former Supreme Court clerks are weighing  with their "guesses" on what The Supremes
will decide. I offer this  thought at the outset. Regardless of The Supremes decision,
we are in  for a decade of major healthcare reform. The nation simply cannot  sustain
the continuing escalation of costs in the face of the greatest  economic downturn
since the Great Depression.  Healthcare costs continue  to escalate. Politicians
 of all stripes and persuasions are  recognizing we need to do something. Obama 
laid out a plan. It's been  challenged. We will soon see the results. Governor Romney
and his  Republican colleagues in Congress continue to push for repeal of the  health
care reform law, but they have not offered clarity on what they  would do after 
repeal. I don't care about politics. That is not  acceptable.

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