The U.S. Supreme Court begins hearing oral arguments regarding the constitutionality of the Affordable Care Act (ACA) today and no one is precisely sure how they will decide the various cases and issues before them. But, reading the articles and listening to the arguments today (which will be on C-Span), two things jump out at me. First, the issues are extraordinarily complex, and that is a good thing. Second, at issue is not only the ACA but the role of the Supreme Court in our political process.
Complexity is a good thing. Few of us can, in any time, see all the different angles of a given issue. All of us have a temptation to dismiss arguments that do not reinforce our prior ideological leanings. And, in an age of propaganda – and, really, what else can we call it? – complexity is a bump in the road for those who see easy sloganeering as an appropriate response to politics. The justices on the Court will not be asking if the ACA is “socialized medicine.” They will not concern themselves with the benefits the ACA’s advocates insist the law will provide. They will decide if it is constitutional.