On healthcare law, a familiar divide

The New York Times, March 28, 2012

Many legal scholars, including some conservatives, have been predicting that the Supreme Court will uphold the 2010 health care overhaul. But after Tuesday's arguments, when several justices asked skeptical questions about the heart of the law, a political lens seemed relevant, too. When Congress passed the law, 9 out of 10 Democrats voted for it, while not a single Republican, in either the House or the Senate, did so. In the lower courts, judges appointed by Democratic presidents voted mostly—but not entirely—to uphold the law. And judges appointed by Republican presidents voted mostly—but not entirely—to overturn at least part of it.


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