How Would the Supreme Court Ruling on Health Care Reform Affect the Election?

How Would the Supreme Court Ruling on Health Care Reform Affect the Election?

How Would the Supreme Court Ruling on Health Care Reform Affect the Election?

The Republican base is just as likely to be outraged by a decision on the constitutionality of the Affordable Care Act. 

Copy Link
Facebook
X (Twitter)
Bluesky
Pocket
Email

 Timothy Noah, writing in The New Republic, suggests that getting a Supreme Court ruling before the 2012 election could help President Obama’s re-election prospects, regardless of which way the Court rules.

Surely from a political standpoint, President Obama is smart to press the Supreme Court for a health care decision this coming June, no? If the Court upholds Obamacare then we will all be reminded that this sole accomplishment makes Obama the most consequential Democrat since Lyndon Johnson to occupy the Oval Office…. But slapping down a sitting president in a transparently partisan manner with a decision that did violence to eight decades of jurisprudence and that would literally cost American lives–yes, I think a “no” vote would be a pretty bad way for the Court to go–would be a fantastically effective way to "energize the base," as we say in Washington, and maybe rope in some independents, too.

But Noah is only looking at the liberal side of the ledger. The people who give the most thought to the constitutionality of the Affordable Care Act are conservatives. And they are adamantly opposed to it. A ruling upholding health care reform would surely rile up the Republican base.

A ruling against the law would presumably only overturn the individual mandate, and would only win with a 5-4 margin. That gives Republicans have three powerful arguments to make to their base about the importance of the election: Obama does not respect the Constitution, it is very important to control future Supreme Court appointments, and it is important to control Congress and the White House to determine the fate of the rest of the law.

On policy grounds I think it was wise for Obama to ask for a ruling from the Court as soon as possible. Politically, I think it’s a toss-up.

Time is running out to have your gift matched 

In this time of unrelenting, often unprecedented cruelty and lawlessness, I’m grateful for Nation readers like you. 

So many of you have taken to the streets, organized in your neighborhood and with your union, and showed up at the ballot box to vote for progressive candidates. You’re proving that it is possible—to paraphrase the legendary Patti Smith—to redeem the work of the fools running our government.

And as we head into 2026, I promise that The Nation will fight like never before for justice, humanity, and dignity in these United States. 

At a time when most news organizations are either cutting budgets or cozying up to Trump by bringing in right-wing propagandists, The Nation’s writers, editors, copy editors, fact-checkers, and illustrators confront head-on the administration’s deadly abuses of power, blatant corruption, and deconstruction of both government and civil society. 

We couldn’t do this crucial work without you.

Through the end of the year, a generous donor is matching all donations to The Nation’s independent journalism up to $75,000. But the end of the year is now only days away. 

Time is running out to have your gift doubled. Don’t wait—donate now to ensure that our newsroom has the full $150,000 to start the new year. 

Another world really is possible. Together, we can and will win it!

Love and Solidarity,

John Nichols 

Executive Editor, The Nation

Ad Policy
x