Justice Stephen Breyer says that the U.S. Supreme Court is likely to rule on ObamaCare at some point in the future, the Associated Press reports:
Breyer told a congressional panel Thursday that the massive health care law, like most major federal legislation, is a good candidate for high court review.
In a podcast earlier this month, Cato’s chairman and constitutional scholar Robert Levy spoke about how a challenge to the federal mandate to purchase insurance would ask courts to rule on something that has never been addressed before. While courts have stretched the meaning of the Commerce Clause beyond all recognition, Levy explained, they have never ruled on whether Congressional power to regulate commerce among the states enables the goverment to compel the purchase of a given product. Thus, telling a farmer how much wheat he can grow on his farm for his own personal use is one thing, but forcing him to purchase bread to prop up wheat prices is another question.
Last month, AmSpec contributor Stacy Cline expressed skepticism that the Supreme Court would actually overturn the mandate, given their other flawed rulings.