This week’s historic Supreme Court hearings on President Obama’s health-care overhaul will have huge political ramifications.
The heart of the Patient Protection and Affordable Care Act is the requirement that every American purchase health insurance or pay a penalty. Justice Anthony Kennedy—widely considered the “swing vote” on cases that divide the Supreme Court evenly along ideological lines—raised concerns on Tuesday that this individual mandate “changes the relationship of the federal government to the individual in the very fundamental way.” This might mean the president’s signature domestic achievement will be declared unconstitutional. If so, he would face a critical decision.