One thing is certain – after Citizens United, the institutional legitimacy of the Supreme Court, not to mention the legacy of John Roberts and Anthony Kennedy is very much on the line.
You are here
Today marks the 1000th consecutive day during which our judicial system has been operating with the burden of 80 or more vacancies on the federal bench.
As the Supreme Court gears up to hear oral arguments in the Affordable Care Act cases next week, the Peter Jennings Project for Journalists and the Constitution tested the central issue of the Act at its Sixth Annual Moot Court Program on March 20.
Coleman indicates that, with the confirmations of Chief Justice John Roberts and Justice Samuel Alito, there are now five Justices who will look to second-guess efforts by Congress to enforce the Fourteenth Amendment’s guarantees of liberty and equality.
The challengers to the Affordable Care Act claim that the Medicaid expansion is “coercive” to the states and thus an unconstitutional exercise of Congress’s Spending Clause authority. This claim is wrong, but if it were to succeed, it would be a constitutional earthquake that would throw into question Medicaid and other federal statutes that create federal/state partnerships to solve nationwide problems such as health care, child welfare and discrimination.
We’re no longer fighting about judicial method. The Constitution itself is at a crossroads.