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The Fickenscher Files [http://r20.rs6.net/tn.jsp?e=001fkKtjqrqrpaGyu5lpt2UgaVzyTFSjbK1WiIlSz-ECTyp2PbYNVfR56LGsBiTlIrUt4Je6hv8e1a37KdHhw1C9U99oTvyTpIT4wymabEEyiuYtlTOAkMt1ROE86CAo_I5]
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The Fickenscher Files, Vol. 2, Issue 13 [http://r20.rs6.net/tn.jsp?e=001fkKtjqrqrpYIdusdiOkRa1BnuIIUKFgtnmwh1zp-WPUsxoIkOlMxQZ-eh6KfxLi4k8fk5WO_KuulQEw-y3aEPuBsTf46s5npL4977dNz14En3nC8xtetSjU_0qBF17v4]
Kevin M. Fickenscher [http://r20.rs6.net/tn.jsp?e=001fkKtjqrqrpbyhxnudnn8BScMAhgiK9VIVWnakBV1WCzRlx10_PlYuAQfi63kEgfZVtbqOmrf4I50x-TbUxWz9eJYPuxaq7xvNQ1I94wozX8hq8Sfy86oveN79aSn5q4pz0SbNVMCOUu9vkEgiVWJEYXXoanAzidgvAdjC6q71HQikkahS8N1WrrSpiuddp7INwyTAJFNQA2BI6myr-KGwQ==],
MD, CPE, FACPE, FAAFP
@MDKev
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Waiting on Pins and Needles

Everyone was betting on a Monday release, but we still await The Supremes' Decision....

The Supremes have yet to finally weighed in and -- we are all awaiting their final
verdict on pins and needles. It's very clear to judicial scholars that the decision
on the Obama healthcare reform plan from the Roberts Court ranks right up there
with major decisions from the Warren Court era. In fact, some folks are suggesting
that this decision could be one of the top 10 of the entire history of the U.S.
Under the Warren Court, we saw an activist court. For example, Brown v. Board of
Education, 347 U.S. 483 (1954) was unanimous, 9-0, and likely the most important
case ever decided by the Supreme Court. It declared state laws establishing separate
public schools for black and white students unconstitutional. Then there is Baker
v. Carr, 369 U.S. 186 (1962) as a 6-2 decision which established that redistricting
issues present judicial questions, not political questions, thereby enabling the
courts to intervene in and to decide reapportionment cases or Reynolds v. Sims,
377 U.S. 533 (1964) as an 8-1 ruling (really more 7.5 to 1.5 as Potter Stewart
issued both a concurring and dissenting opinion). It established the rule that
state legislature districts had to be roughly equal in population. And, there
is Gideon v. Wainwright, 372 U.S. 335 (1963) which unanimously ruled that under
the Sixth Amendment of the Constitution the courts must provide counsel in criminal
cases for defendants who are unable to afford their own attorneys along with Miranda
v. Arizona, 384 U.S. 436 (1966) at 5-4 which established that defendants must be
informed of the right to consult with an attorney before and during questioning
or any evidence obtained through questioning will be thrown out.

Now that we've missed the Monday window, everyone is expecting that The Supremes
will release their long awaited decision on the legality of the Obama healthcare
reform package on Thursday of this week. So, since I couldn't comment on what they
have decided, I thought I would share some thoughts on what they might decide and,
more importantly, what it means. The following scenarios are based on prior circuit
court decisions -- which can be very important based on who wrote the opinion,
how the March oral arguments went, and the blogosphere where countless legal experts
and former Supreme Court clerks are weighing with their "guesses" on what The Supremes
will decide. I offer this thought at the outset. Regardless of The Supremes decision,
we are in for a decade of major healthcare reform. The nation simply cannot sustain
the continuing escalation of costs in the face of the greatest economic downturn
since the Great Depression. Healthcare costs continue to escalate. Politicians
of all stripes and persuasions are recognizing we need to do something. Obama
laid out a plan. It's been challenged. We will soon see the results. Governor Romney
and his Republican colleagues in Congress continue to push for repeal of the health
care reform law, but they have not offered clarity on what they would do after
repeal. I don't care about politics. That is not acceptable.

Read more [http://r20.rs6.net/tn.jsp?e=001fkKtjqrqrpY6IY29cJtY2bmBrCVmKzXdqYtLHnzo-IrPvkxv-8FO1tv0rac0ya0m0UtCd7wKDFHVDe8eVbuxpu-VaGIgfPv0iizZcdFxRl-4z1a2RoE8SDPxsDgiX11UXItfmAgk0yPO0FfvGD7iU20IZI7Fa2quNbiI3pfFDpBzzAj3xOvtgvQWOUwMSVvD]
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