In a crass partisan sense, a decision to avoid the constitutional issues would keep the health care law?and the ?Obamacare? issue?alive for Republicans to run against in the fall, an outcome the president?s political advisers might not wholeheartedly welcome. Beyond that, in order to decide the case on Anti-Injunction Act grounds, the court would have to hold that the mandate operates as a tax?still more political grist for the Republican mill. These are not legal considerations, of course, but as Marbury shows, the greatest justices are always aware of the political implications of their rulings.
Source: http://feeds.slate.com/click.phdo?i=3dba732683190415b3d235c3889d949a
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