Now that the three days of oral arguments on Obamacare have concluded, how will the justices rule? Some commentators believe that since the conservative judges, including swing vote Anthony Kennedy, were aggressive in challenging the government's position, that means it should go 5-4 in favor of overturning the law. That is not always the case. It could go 5-4 the other way in favor of upholding it.
By far the most hilarious editorial I've read was in the New York Times Wednesday. It warned the justices should stay within their constitutional limits and allow Congress to have its way. This must be a joke, given that newspaper's strong support of Roe v. Wade. If ever there was a classic case of the court overstepping constitutional restrictions, Roe was it. There have been others.
If the health care law is overturned, watch for liberals and their media allies to raise a big stink about it and make it an election issue. It should be, along with conservative proposals for fixing the problem and focusing on cures, not health care.
In Austin, Texas, I'm Cal Thomas.
Publication date: March 29, 2012
