Tag Archives: sotomayor

Obama on the Affordable Care Act

President Barack Obama explains the benefits of the Affordable Care Act. Yesterday, the Supreme Court ruled that the Affordable Care Act is constitutional. They ruled that the individual mandate was no more than a tax.

More from ScotusBlog:

Although the Court had four questions before it, the focus of the challenge to the Affordable Care Act (ACA) was the so-called individual mandate – the requirement that almost all Americans buy health insurance by 2014 or pay a penalty. Defending the constitutionality of the mandate, the government’s primary argument was that Congress can require everyone to buy health insurance using its power under the Commerce Clause of the Constitution, because the failure to buy insurance shifts the costs of health care for the uninsured to health care providers, insurance companies, and everyone who does have health insurance. Five Justices – the Chief Justice and Justices Kennedy, Scalia, Thomas, and Alito – all rejected that argument. But the government still won, because a different set of five Justices – the Chief Justice, and Justices Ginsburg, Breyer, Sotomayor, and Kagan – agreed that the mandate was constitutional, but for a different reason. Continue reading Obama on the Affordable Care Act

Sotomayor's batting average

But according to data compiled by SCOTUSblog, Sotomayor’s reported 60 percent reversal rate is lower than the overall Supreme Court reversal rate for all lower court decisions from the 2004 term through the present — both overall and for each individual Supreme Court term. Using SCOTUSblog’s data, Media Matters for America has also calculated the reversal rate for only federal appeals court decisions:

Term Overall Lower Court Reversal Rate Circuit Court Reversal Rate
2008 (preliminary through April 2009) 78% 85%
2007 66% 61%
2006 72% 72%
2005 72% 77%
2004 68% 73%
2004-April 2009 71% 73%