Thursday, November 10, 2011

Doctor Palmisano’s Prediction on Health Law Constitutionality

November 10, 2011 - Donald Palmisano, MD, JD, president of the AMA ins 2003-2004, and founder of Intrepid Resources(R), a risk management a firm, is widely recognized to be a national physician leader. He advocates patient and physician liberty and private patient-physician contracting.

Palmisano publishes an electronic newsletter DJP update, which is sent to about 2500 physician leaders. In today’s newsletter he makes the following prediction on the Supreme Court of the United States (SCOTUS):

Here is the future: SCOTUS will accept case and announce acceptance for review in a few days. SCOTUS meets tomorrow (Thursday) to discuss whether to take one or all of the cases on PPACA or not. The decision on the constitutionality, after accepting for review, will be rendered by the beginning of July 2012. It will be a 5-4 vote ruling individual mandate unconstitutional and there is a greater than 50% chance the entire law will be ruled unconstitutional based on lack of severability clause. Justice Kennedy will be swing vote for the 5th vote. In his previous cases concerning Commerce Clause, he votes in favor of liberty and against extension of scope of Commerce Clause.

If I am wrong in this analysis and prediction, then there is no limit on what the federal government can force Americans to do. Americans do not like that and significance consequences will ensue. Count on it.

Tweet: Donald J. Palmisano, MD, JD, predicts the Supreme Court will overturn part or the whole of the health reform law.

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