Our democracy could lead to the end of Obamacare

Last week, the Supreme Court held three days of oral arguments on whether the landmark of the Obama administration, Obamacare, the controversial bill that overhauled our health care system, violated the Constitution.

The Affordable Care Act aims to provide health insurance to more than 30 million uninsured people currently living in the U.S. Twenty-six states have challenged the constitutionality of the law, particularly as it relates to the individual mandate, which requires Americans to buy health insurance individually, or get health insurance through their jobs starting in 2014, or face a penalty.

Solicitor General Donald B. Verrilli Jr. faced a bombardment of cynical questions and statements from the court’s conservative justices. Just minutes into the hearing, Justice Anthony Kennedy, considered the swing vote on the court, said to Verrilli, “I understand that we presume laws are constitutional, but even so, when you are changing the relation of the individual to the government in this, what we can stipulate is, I think, a unique way, do you now have a heavy burden of justification to show authorization under the Constitution?” Clearly frustrated, Verrilli struggled with his answers.

I trust that this is a huge letdown for the Obama administration.

The Supreme Court has always fascinated me. These types of cases highlight the clear ideological differences that define the makeup of the court.

A ruling is expected to come just before the court’s session ends in June or July. The court can rule that the law is fully compliant with the Constitution, or that the individual mandate is unconstitutional but the rest of the law is compliant, or that the entire law is unconstitutional.

I think the states have made a very concise argument, and I predict that if the cumpulsory-health-insurance mandate is struck down, it will be by a vote of at least 6-3.