Analysis Of Appeals Court Ruling On Health Law Focuses On Bush Appointee
Legal experts are parsing the judge's opinion for clues to what may happen if the case goes to the Supreme Court.
Politico: Why Bush Judge Backed Mandate
Ever since the early days of the health-care reform law, its supporters have argued that there is a "conservative" argument to be made for the constitutionality of the law. And they think they need just one of the Supreme Court's four conservatives, or swing vote Anthony Kennedy, to take it up. Now, a conservative federal appeals judge has gift-wrapped that argument - and legal experts say his decision to uphold the constitutionality of the health care overhaul could make it easier for one of the conservative Supreme Court justices to do the same (Haberkorn, 7/1).
Meanwhile, some members of Congress continue to raise questions about Justice Elena Kagan's role in the law.
MinnPost: Bachmann Calls For Investigation Into Kagan's Role Crafting Health Care Law Defense
Michele Bachmann is one of 49 House Republicans asking the House Judiciary Committee to investigate Supreme Court Justice Elena Kagan's role in crafting a legal defense of President Obama's health care law, warning such work could bar her from participating in deciding legal challenges to the law when they reaches the court. In a letter to the ranking committee members, the Republicans write, "recently released Department of Justice documents indicate that Justice Kagan actively participated with her Obama Administration colleagues in formulating a defense" of the law (Henry, 6/30).