Thursday, June 28, 2012

The Outcome of the ACA Litigation

 . . . is not yet known, as of the time this post goes up.  But it will be known soon--and I'll post something on the case just as soon as I've read it, which, depending on the length of the various opinions, could be as late as mid-afternoon.   For those of you looking for a prediction, I say "ha!"  On SCOTUSblog, Tom Goldstein says "In the end, you have to make a prediction and take responsibility for it."  No you don't.  You can say (as Tom, to his credit, also says) "how the hell should I know?"  Ever since I confidently predicted that the Supreme Court would deny cert in Bush v. Gore, I've kept mum.  I will be happy to predict the outcome of the case after I've read the opinions!

by Mike Dorf