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March 27, 2012


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It would be bad for all the people without health insurance if the law is struck down. The right is fired up by this because they do not have much else on which to get their base fired up. They can talk about the deficit, or the economy, but they do not really have any solutions which match the problems -- sure the deficit is high, so let's cut taxes some more to solve it.

If it is not health care, it would be some other minor issue. The right will always have hours and hours of talk radio to fill and a base which is easily provoked. Who would have thought birth control would still be debated in 2012? Health care is a big battle which was already won by the political process and we should not hope that the judicial process will negate what is both the right thing to do and the will of the people through their elected representatives.

Norman Williams

I agree that there is typically an asymmetry in political responses to judicial decisions -- the losers get angry and mobilize; the winners happily disperse -- but I disagree that asymmetry favors Democrats here. Invalidating the mandate while leaving the expansion of Medicaid in place complicates matters -- which I think the likely result -- would not immediately harm many people. The poor would still get coverage or subsidies. Agreed, the system would ultimately collapse as premiums in the private market spiral out of control, but that prospect would be years in the future, long after the 2012 election.

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