Decision anticipation: Everyone is looking for clues, and making plans for what comes next

Jun 28 2012

News outlets are examining the high court's decisions earlier this week to find signals of what to expect in tomorrow's health law decision. Meanwhile, the White House, congressional Democrats and Republicans, lobbyists, and even the general public offer glimpses of their views.

Reuters: The Immigration Ruling: A Hint On Healthcare?
The Supreme Court's decision in the Arizona immigration case on Monday showed a conciliatory streak within a divided court that could emerge again when the justices issue their climactic healthcare decision on Thursday. What the Arizona compromise will augur for the most closely watched case of the term is anyone's guess. Yet the justices' evident search for common ground in the immigration ruling and a few other cases this term could portend a healthcare decision that does not predictably cleave along political lines (Biskupic, 6/26).

The Wall Street Journal: Americans Divided On Health Law
With the court's decision on the law set for Thursday, nearly four in 10 Americans told a new Wall Street Journal/NBC News poll that they would have "mixed feelings" if the justices struck down the whole law. Just over a quarter said they would be very pleased, while 17% said they would be very disappointed by that outcome (King and Lippman, 6/26).

ABC: Health Care Law Lacks Support-;But So Does The Status Quo
Americans are equally dissatisfied with the current health care system and with the federal law intended to improve it – suggesting that the U.S. Supreme Court's decision on that law will by no means end the country's sharp political debate over health care policy. Just 36 percent in this ABC News/Washington Post poll express a favorable opinion of the health care law under Supreme Court review. But ratings of the health care system as it currently stands are about as weak, 39 percent favorable. That means that while the intended fix is unpopular, so is the status quo – leaving the public still in search of solutions (Langer, 6/27).

Politico: Four Ways To Patch Up A Post-SCOTUS
The best fixes would be legislative -; but that's not likely when half of Congress wants to repeal whatever's left of the law. Yet health experts say the administration does have a handful of backstops. The problem? They're pretty weak. Here are four options the president could invoke to try to cover more Americans -; and why they wouldn't resurrect the full strength of the law's individual mandate (Feder, 6/27).

Reuters: White House Says Ready For Supreme Court Health Decision
The White House said on Tuesday it was ready for a Supreme Court verdict on President Barack Obama's flagship health reform law and remained convinced the legislation would be upheld. "We are, as I have said in the past, confident that the Affordable Care Act is constitutional, in keeping with decades of precedent under the commerce clause," White House spokesman Jay Carney told reporters aboard Air Force One (6/26).

The Hill: Both Sides Poised For Health Care Ruling
Lawmakers and interest groups don't know how the Supreme Court will rule on President Obama's healthcare law, but they're ready to respond as soon as the decision is released. The court is expected to issue its decision shortly after 10 a.m. Thursday. Once the ruling is announced, the courthouse steps and the Capitol, just across the street, will become circuses of spin. House Republicans will likely hold multiple press conferences throughout the day. The party leadership will likely want to address the ruling, especially if the court strikes down all or part of the law (Baker, 6/26).

Politico: GOP In No Rush To Legislate If ACA Goes Down
Republicans still have only one thing in mind when it comes to President Barack Obama's health care law: full repeal. If the Supreme Court wholly or partially strikes down the law on Thursday, House Republicans won't rush to pass a bill that allows young adults under 26 to stay on their parents' insurance. They won't pass legislation forcing insurance companies to cover people with pre-existing conditions. And the gap in drug coverage that requires seniors to pay more out of pocket -; the so-called donut hole -; won't immediately be closed (Sherman, 6/27).

National Journal: House Republicans Roll Out New Health Talking Points
Two days ahead of the Supreme Court's historic decision on the health care law, House Republicans are circulating new talking points for members who want to give critiques of the law beyond the individual mandate. Staff for Majority Whip Kevin McCarthy, R-Calif., sent the pamphlet--titled "It's Not Just the Individual Mandate: Ten More Reasons To Support The Full Repeal Of The President's Health Care Law"--to Republican conference members on Tuesday. The flier was passed out in hard copy to members last week (McCarthy, 6/26).

CQ HealthBeat: Harkin Prepares Options In Case Court Rejects Health Insurance Mandate
A top Senate Democrat said he has provisions "ready to go" if the Supreme Court, when it rules Thursday, overturns the requirement in the health overhaul law that individuals buy insurance. "If the court strikes down the individual mandate, which I hope they don't . . . but if they do, we are going to have to think of some other approaches. And I have been thinking about it, and we have things ready to go," Tom Harkin, chairman of the Senate Health, Education, Labor and Pensions Committee, told reporters Tuesday (Ethridge, 6/26).

Marketplace:  Lawyers And Lobbyists Play Waiting Game
Washington policy wonks are having a very tough time this week, waiting and then waiting some more for Thursday's Supreme Court ruling on health care.  Marketplace's Nancy Marshall-Genzer reports the anticipation is killing them and their productivity (Marshall-Genzer, 6/26).

The New York Times' The Caucus: Political Pitfalls In A Hasty Reaction To The Health Care Ruling
Shortly after 10 a.m. on Thursday, the world will get its first reports from the United States Supreme Court about the fate of President Obama's health care law. And if Monday was any indication, the initial result will be total confusion (Shear, 6/26).

The Hill: Justices' Personal Health Struggles May Influence Their Decision
The Supreme Court justices who will rule Thursday on President Obama's healthcare law have grappled with a wide variety of health issues throughout their lives. The experiences are not expected to play a major role in the historic ruling, which will come down with the reliable mix of judicial reasoning and analysis. But health struggles shape people's perspectives, and the justices are no exception. A review of prior news articles and the justices' own writings provides a personal glimpse of the individuals who are about to play a leading role in what is expected to be a watershed moment in the nation's history (Viebeck, 6/27).