WILL CHECKS AND BALANCES WORK?

Are the courts independent enough to find against the administration? The left has been more successful at appointing judges than the right, mainly because the Republicans seem incapable of standing up on almost any issue.

"While they still believe Congress will not succeed in passing a healthcare reform package shaped the way the president and Democrats want, opponents of government-run healthcare are laying the groundwork for lawsuits to stall and eventually kill any Democratic legislative victory—just in case. A broad group of conservatives has begun to explore how to file such lawsuits, who would file them, and what components of the legislation would be challenged, if not all of it. Because the effort is in the initial stages, none of those involved would allow Washington Whispers to identify them.

The first task, the conservatives say, is to find people or groups "with standing" to file the suits. They don't expect, however, that identifying groups or employers will be difficult if the mandate to require people to buy health insurance ends up in the final bill. Most of the conservatives involved say that the mandate amounts to a tax and that it will be fought on constitutional grounds. Also, the lawsuits won't be filed just in federal court in Washington. Sources say the suits will also be filed in most states and in as many courts as possible to avoid putting all eggs "in just a few baskets."

U.S. News