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SCOTUS ACA Tea Leaves: Justice Ruth Bader Ginsburg Keynote to ACS National Convention

By Gregg A. Masters, MPH

For the I can’t get enough of the SCOTUS speculation crowd who are scouring the Internet and consuming every bit of credible reporting or musings for insight on where they will come down on the constitutionality of the individual mandate or the Patient Protection and Affordable Care Act in part or it’s entirety, here is a gem by Justice Ruth Bader Ginsburg at the 2012 ACS National Convention: “Democracy at Stake.”

In her words, Justice Ginsburg offers ‘an impressionistic view of life’ in the 2011-12 Court. At 27:35 mark, she comments on ‘the Affordable Care Act cases’ remarking with some levity if not temperance:

Some have described the controversy [surrounding the cases] as unprecedented and they may be right if they mean the number of press conferences, prayer circles, protests, counter-protests, going on outside the Court while oral argument was underway inside the Court.

What might she know and possibly be telegraphing if anything given her chosen contextual markers and historical comparisons?

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