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Katashi_itto

(10,175 posts)
8. from the article
Mon Apr 2, 2012, 07:41 PM
Apr 2012

In a subsequent article on Thursday, Bravin elaborated on this point, writing: “In the run-up to the court argument, the Medicaid expansion received less attention. But the issue emerged as perhaps the most revelatory of the Roberts court’s view of American federalism, with conservative justices suggesting a deep unease over the dominant role in domestic policy Washington has played since the New Deal.”

The powers of the federal government to enact and maintain social programs such as Medicaid, long thought to be a settled constitutional issue, are now subject to challenge along the lines of legal doctrines that were rejected in the 1930s.

The court’s decision on the health care law, due in June, is not a foregone conclusion. During the arguments, Justices Anthony Kennedy and Samuel Alito expressed concern that striking down the individual mandate could be “unfair” to insurance companies. None of the other justices pointed out that whether or not the insurance companies would be able to continue raking in massive profits had nothing to do with the constitutionality of the law.

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