Monday, March 26, 2012

ABC's Terry Moran, who...

...covers the Supreme Court (and is a graduate of Barrington High School), thinks politics will be at the center of the debate about the Affordable Care Act. From This Week yesterday (my emphasis): 

STEPHANOPOULOS: ... starting on tomorrow, Monday. Terry Moran, you cover the court for us. And basically, the Supreme Court has four options that I can see, correct me if I'm wrong. They can uphold the law. They can overturn it in whole. They can split it. They can overturn the mandate, uphold the rest of the law. Or they can punt, just decide nothing until the tax takes hold in 2014. Which do you think is most likely and why? 

MORAN: Well, the smart money is betting that the Supreme Court will uphold this law. Now, a lot of the same smart money bet that the Supreme Court would not declare corporations are people and have First Amendment or will award the 2000 election to George W. Bush. 

That's -- I think that what -- one of the overlooked factors here is the politics, and not the impact that the Supreme Court can have on the presidential campaign, but the other way. What does the presidential campaign do the way the justices think here? 

The people's representatives passed this law, whether you like it or not. Now the people are engaged in a great free democratic political debate. Why should the Supreme Court come in and call a halt to that debate preemptively and take the political... 

(CROSSTALK) 

MORAN: They can punt. They can punt. And I think they will. 

ROBERTS: But why did they -- why did they take it, then? Why did they take the case if they were going to (OFF-MIKE) 

MORAN: They took it at a different time, in some ways. The Republicans, Michele Bachmann, are making this the number-one issue. Some of the biggest mistakes the Supreme Court has ever made is when they decided cases they didn't have to. And John Roberts as chief justice, loves the court, is very protective of its institutional authority. The more it gets involved in politics, the more that authority comes down.

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