The Supreme Court has reinserted itself in the heart of domestic politics by agreeing to review the Patient Protection and Affordable Care Act (PPACA). How is the Court likely to rule? Consider two scenarios.
The first scenario relies on a prominent theory of judicial decision-making called the attitudinal model. It holds that justices are unconstrained policymakers. To predict and explain Court actions we simply need to figure out the policy implications of the legislation and justices policy preferences. The vote takes care of itself from that point.