Opponents of the Congressional health care bill passed Sunday night made it known early legal challenges would be forthcoming. As reported in the Washington Post, the attorney general’s for Virginia, South Carolina and Florida are among those that plan to file a federal lawsuit if the health-care reform legislation is signed into law, as is expected.
Writing in the Post, Georgetown University constitutional law professor Randy E. Barnett breaks down the potential areas for legal challenges and the potential for their success. He concludes the U.S. Supreme Court isn’t likely to overturn the legislation
Barnett notes it is unlikely there would be five votes “to intervene in a politicized controversy involving technical procedures.” But it’s not completely out of the realm of possibility as we need only go back to Bush v. Gore to find a potential parallel, according to Barnett.