The current parlor game being played out on my social media feeds is Guess The Decision, with all the players wondering what the Supreme Court will do this week with the PPACA. I’m guessing that the individual mandate will be tossed out but that a 5-4 majority will find a way to keep the rest of the plan going. My fond wish that the Court drive a judicial stake through PPACA’s heart is the least likely of possibilities.
The HHS mandate will not be affected this week, unless the whole PPACA is found unconstitutional. The dozen or so pending lawsuits against that policy are still in the earliest stages. As important as this week’s Court decision will be, it’s only a preview of what has yet to be argued. We’re not yet going to hear a ruling on the PPACA’s First Amendment implications. Until that happens, I consider nothing about federal health-care policy to be settled.