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supreme court and the pow ter has, it could go with the lauer court s ruling in saying parts of unconstitutional. parts of constitutional, but still, until the supreme court makes the ultimate decision about what this health care law is, we re going to still go through this yo-yo effect with the other lower court rulings. jonathan alter, briefly, does that mean we re going to be keyed up for a 2012 campaign year situation where anthony kennedy on the supreme court will decide this and all even more explosive? i think so. he is the swing vote. the question here is whether the country wants to go back to a pre-1935 view of the american social contract. the supreme court in the early new deal using the commerce clause, the same part of the constitution invoked in this decision said, no, all that new deal stuff, that s all unconstitutional, and then the supreme court changed and ruled that, no, it wasn t

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