• Points of agreement

    All of the parties to the epic Supreme Court health care litigation agree on the following things:

    1. The minimum coverage provision (MCP)  is not a tax for the purposes of the Anti-Injunction Act. If it is a tax, that part of the case is postponed until at least 2015; the Court hired a special amicus to argue this since the parties agreed.

    2. If the MCP is struck down, at least the guaranteed issue and community rating provisions should go as well. Critics argue the Court should keep going, but every party agrees on this minimum.

    3. The most important Justice to quote (and persuade) is Kennedy. Scalia is a distant second.  No one seems to be reaching for Thomas’ vote.

    4. The Kaiser Family Foundation is a reliable source for health policy facts. KFF documents were cited in many briefs, on both sides of the argument; quite a testament to their work.


    • Kevin
      At some point in the next week, if I could request a post on more inside game.

      For those of us who dont know, after Wednesday, what do the Supreme’s say to each other, how do they communicate, and given the imaging and legacy issues, how do they signal to each other intent. Also, who writes decisions, when do they start, etc.

      I know its a Chinese menu of particulars, but the intrigue is dynamite, and what I wish to take from this whole experience is a better understanding of our highest court, and how it works when it is under a microscope.

      I am looking forward, I hope, to your coverage. In lay terms of course. 🙂