Should the Supremes Rule on Healthcare?

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A district judge in Virginia has ruled that the individual mandate clause in the healthcare reform bill is unconstitutional. Two other district judges have previously ruled the other way. In the normal course of things, these rulings will be appealed, several circuit courts will hand down their opinions, and the Supreme Court will eventually provide a final determination. But Rep. Eric Cantor wants to cut out the red tape:

To ensure an expedited process moving forward, I call on President Obama and Attorney General Holder to join Attorney General Cuccinelli in requesting that this case be sent directly to the U.S. Supreme Court. In this challenging environment, we must not burden our states, employers, and families with the costs and uncertainty created by this unconstitutional law, and we must take all steps to resolve this issue immediately.

I’m not sure what the legal issues are here, but there have certainly been times in the past when I’ve wondered why we bother going through the whole rigamarole of lower court decisions in cases like this. I mean, everyone knows this is going to end up at the Supreme Court anyway, and everyone knows that the Supreme Court quite plainly couldn’t care less what any of the lower courts say about it. All those lower court decisions are no better than waste paper.

But maybe I’m missing some important process issues that make it unwise to just hand this off to the Supremes right away. I’m not quite sure what, though. Regardless of whether you like the law or not, it really does require a ton of planning and implementation, and that would be helped considerably by knowing for sure whether changes will be required by the Supreme Court. Tentatively, then, put me in Cantor’s camp.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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