The Justice Department made a move today that increases the likelihood of the court deciding health care reform's constitutionality before the election. I'm guessing that a few things are at play, hopefully both. 1) The administration really thinks this is the best way to win in court. And 2) having HCR decided before the election has a few positives: A) It precludes a future/possible Romney/Perry administration from litigating the case next year; and B) If it's struck down, it gives them something to run on (i.e., we need to change this Supreme Court) and fix the law so that next time HCR holds up in court.
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