December 12, 2011 -- Professor Adam Winkler commented on whether the Supreme Court Case against President Obama's health care act can continue now that the lead plaintiff has filed for bankruptcy. His comments appear in an Inc. article.
At stake is whether Brown will maintain "standing" in the case -- whether she can show "that some personal legal interest has been invaded by the defendant." Adam Winkler, a specialist in American constitutional law and a professor at UCLA school of law, says standing "is of the utmost importance to the Supreme Court."
"It appears that Ms. Brown's business no longer has standing," says Winkler. "Standing requires that the person or entity suffer some direct harm from the government's action. But her business is now defunct, and so won't be harmed in any way by the insurance mandate. It is possible that the Supreme Court may allow someone else to have standing in place of Ms. Brown's business, but the law is unclear. This is not the type of issue the Supreme Court treats lightly. Standing is a basic procedural requirement grounded in the Constitution itself. If there's no standing, there's no case."
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