These are the final days before what is almost certain to be the most monumental U.S. Supreme Court ruling in decades. Some time in this week or the next, we will find out what the court’s nine justices have to say about Florida v. United States Department of Health and Human Services—in other words, they will be deciding the constitutionality of the ‘Patient Protection and Affordable Care Act,’ colloquially known as ObamaCare, which is being challenged by twenty-six of our fifty state governments.
To hear the law’s proponents describe it, what’s at stake here is universal access to health care—which is a clear public good. To them, a Supreme Court rebuke would mean that the ‘conservative’ wing of the court had used its right-wing political beliefs to overturn the will of the people (expressed via Congress). ‘This is the worst kind of judicial activism,’ will be the refrain. ‘How dare the justices take health care away from poor, needy Americans?’
This is misdirection of the worst kind. The questions before the court have nothing to do with health care, but with the limits of federal authority under the U.S. Constitution. If the court overturns ObamaCare, it may indeed ‘take health care away from [some] poor, needy Americans,’ but that will not have been the court’s fault. If you want to blame government entities for how our health care system works in this country, there are fifty statehouses I can refer you to, since regulation of health care is their job.