By Dave Andrusko

As soon as today the Supreme Court could decide whether to enter the legal struggle over ObamaCare and, if so, in what manner. Since the Obama administration has welcomed the High Court’s involvement, most observers believe it’s not an issue of whether but how the justices will wade in.

A piece by Jennifer Haberkorn in POLITICO does a very nice job of outlining five major questions (www.politico.com/news/stories/1111/67990.html). They include

• [Assuming the justices agree to tackle the thorny but pivotal issue of the individual mandate]  “Which case or cases will get the nod?” There are  four similar cases, Haberkorn writes. “The lawsuit brought by 26 states, led by Florida, and the National Federation of Independent Business has the best shot.”

• Which other questions will the court consider? There are lots of other questions about ObamaCare, “such as whether the law’s Medicaid expansion and employer requirements are legal. The justices will have to decide how many issues they want to take up.“

• How much focus will the justices put on the Anti-Injunction Act?
  Haberkorn explains it this way: “One of the issues that several parties — including the Justice Department — want the court to review is whether a federal tax law, known as the Anti-Injunction Act, bars review of the mandate’s constitutionality until at least 2014 — when the mandate and accompanying penalties for noncompliance go into effect.”* Will the justices take up the severability question separately?

  “That is the biggest open policy question,” Haberkorn writes. “ If the mandate is struck, what else has to go down with it?” The Obama administration argues only two other parts “would have to go with the mandate. The law’s opponents want the entire health reform legislation scrapped.” Finally

• Will one of the justices recuse (remove themselves from participating, because of a perceived conflict of interest)?

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