Will Democrats’ health care reform become the new Roe v. Wade?
Almost four decades ago, the U.S. Supreme Court ruled on abortion in Roe v. Wade, saying it was legal, in arguably the most controversial decision in court history. Since 1973, Americans have remained vocal in strong support and opposition to the ruling, with local and national rallies, and litmus tests for prospective presidents and Supreme Court justices.
If health care reform passes by Democratic fiat, not a vote, as it now appears is likely, then the law creating health care reform will definitely land before the Supreme Court. Ripe for judicial review is are the issues of the constitutionality of the Democrats’ actions to obtain the law, if a health insurance mandate can be imposed on individuals and whether the federal government can trump state anti-mandate laws such as the one passed in Virginia. (Many other states are exploring similar laws.)
If and when the health care reform is taken up by the High Court, the final decision is guaranteed to be as divisive as the court’s abortion ruling in 1973. Although most people have an opinion on abortion, the abortion ruling affects a small number of people directly. Health care reform and health insurance policy affects each of us, so the court’s ruling could become a far greater lightning rod among people than Roe v. Wade ever was.


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