This Day On The Street
Continue to site
This account is pending registration confirmation. Please click on the link within the confirmation email previously sent you to complete registration.
Need a new registration confirmation email? Click here

A Tale of Two Supreme Courts on Obamacare

A widely held assumption about Roberts is that he typically leans as a conservative justice on the Supreme Court who would almost certainly strike down the individual mandate of Obamacare (and thusly, the entire law). But Roberts is beholden to the legacy of his leadership on the Supreme Court and is likely well aware of this case's importance.

Kennedy, who is considered the swing vote for this case, could just as easily uphold the law as he would decide to oppose it.

"He could be looking at this as, 'OK, let's just think in terms of what the federal government is doing here, whether it's really out of line with the federal government has done in other situations,'" says Greg Magarian, a Washington University in St. Louis law professor who clerked for former Justice John Paul Stevens.

Magarian, like many others, thinks if the court upholds Obamacare that it would be by a 5-to-4 decision; however, Greely says that it would be 6-to-3 if upheld, because he believes Roberts would go along with Kennedy on the issue.

The Supreme Court could just as easily strike down the law as a whole.

Kennedy and Roberts did cast serious doubt about individual rights and the powers of the federal government.

"Even liberals -- even the Ruth Bader Ginsburgs -- if they're intellectually honest they'd have to say, 'Well, even we acknowledge that there have to be some checks on what Congress can do and can't do," says Jack Burkman, a Republican strategist in Washington. Burkman thinks the court will decidedly oppose Obamacare either 7-to-2 or 8-to-1.

Justice Antonin Scalia made one of the most cited comments this week at the oral arguments when he mentioned the need for broccoli. Everybody must buy food to survive, Scalia argued, so there's a market for food. He continued that since everybody is in the food market, the government, by his interpretation, could force people to buy broccoli.

Central to the argument against Obamacare is where the court can draw a distinct line that would set a viable precedent for the future. If the court upholds the ACA, the justices almost certainly asked themselves how their decision would be used in future cases that chose to invoke the precedent being set.
2 of 3

Check Out Our Best Services for Investors

Action Alerts PLUS

Portfolio Manager Jim Cramer and Director of Research Jack Mohr reveal their investment tactics while giving advanced notice before every trade.

Product Features:
  • $2.5+ million portfolio
  • Large-cap and dividend focus
  • Intraday trade alerts from Cramer
Quant Ratings

Access the tool that DOMINATES the Russell 2000 and the S&P 500.

Product Features:
  • Buy, hold, or sell recommendations for over 4,300 stocks
  • Unlimited research reports on your favorite stocks
  • A custom stock screener
Stocks Under $10

David Peltier uncovers low dollar stocks with serious upside potential that are flying under Wall Street's radar.

Product Features:
  • Model portfolio
  • Stocks trading below $10
  • Intraday trade alerts
14-Days Free
Only $9.95
14-Days Free
Dividend Stock Advisor

David Peltier identifies the best of breed dividend stocks that will pay a reliable AND significant income stream.

Product Features:
  • Diversified model portfolio of dividend stocks
  • Updates with exact steps to take - BUY, HOLD, SELL
Trifecta Stocks

Every recommendation goes through 3 layers of intense scrutiny—quantitative, fundamental and technical analysis—to maximize profit potential and minimize risk.

Product Features:
  • Model Portfolio
  • Intra Day Trade alerts
  • Access to Quant Ratings
Real Money

More than 30 investing pros with skin in the game give you actionable insight and investment ideas.

Product Features:
  • Access to Jim Cramer's daily blog
  • Intraday commentary and news
  • Real-time trading forums
Only $49.95
14-Days Free
14-Days Free
AET $102.87 -1.10%
CI $134.98 -0.24%
UNH $112.74 -1.40%
WLP $136.01 1.43%
AAPL $118.37 0.48%


Chart of I:DJI
DOW 17,719.92 -78.57 -0.44%
S&P 500 2,082.91 -7.20 -0.34%
NASDAQ 5,112.2890 -15.2360 -0.30%

Free Reports

Top Rated Stocks Top Rated Funds Top Rated ETFs