Print“At the heart of the case is the constitutionality of the law’s individual mandate, which requires virtually every U.S. citizen to have health insurance by 2014 or face financial penalties.”
The United States Supreme Court announced on November 14 that it will consider several challenges to President Obama’s healthcare reform law. After four appellate court rulings on the healthcare law so far, the Supreme Court’s decision should bring to an end questions of the law’s constitutionality.
The court set a June 2012 date for its decision following a closed-door meeting of the justices. At the heart of the case is the constitutionality of the law’s individual mandate, which requires virtually every U.S. citizen to have health insurance by 2014 or face financial penalties.
Opponents of the act have said the mandate violates Congressional authority granted by the constitution both in its authority to regulate interstate commerce and a constitutional prohibition on taking private property without just compensation.
The court could uphold the law; rule that the individual mandate is unconstitutional, but allow the rest of the law to stand; decide the individual mandate is unlawful and throw out the entire act because of it; or avoid a definitive decision by asserting that the mandate is a tax making a ruling premature until someone is required to pay it.
To date, two appellate courts have rejected the argument, ruling that the mandate is not unconstitutional while another court has said the mandate should be overturned.
The justices will also consider the legality of the section of the law that calls for the withholding of Medicaid funds to states that fail to cover anyone earning up to 133 percent of the federal poverty limit, part of the law’s effort to expand coverage to people who are uninsured today.
Challengers have maintained that placing significant financial conditions on a state’s behavior exceeds Congress’ spending power. The 11th Circuit Court of Appeals, the only appellate court to address the issue of Medicaid expansion, struck down the challenge. The justices have decided to rule on this case as well.
Finally the issue of jurisdiction will be argued. Two appellate courts have maintained that the time is not right for the Supreme Court to even consider the law is constitutional because an 18th century law prevents individuals from challenging their taxes until after they’ve been paid. The justices will have to decide whether the law’s penalty for not buying insurance functions enough like a tax that this rule applies.
In all, the Supreme Court has agreed to hear three appeals, two from the challengers of the law and the third from the Obama administration itself. Republican Senator Chuck Grassley of Iowa has asked Chief Justice John Roberts to allow the arguments in the case to be televised. House Minority Leader Nancy Pelosi, D-San Francisco, has said she supports that request.
November 16, 2011
http://www.burrillreport.com/article-supreme_court_to_review_healthcare_law.html
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