• The Heritage Network
    • Resize:
    • A
    • A
    • A
  • Donate
  • Court To Hear Obamacare Challenge: What It Means

    It’s official. The Supreme Court will consider challenges to Obamacare stemming from the Eleventh Circuit decision striking down the law’s individual mandate.

    In that case, 26 states and the National Federation of Independent Business (NFIB) partially won their suit, claiming that the Patient Protection and Affordable Care Act (PPACA) should be voided as unconstitutional. The Eleventh Circuit ruled that the mandate — considered by many to be the linchpin of the overhaul of the U.S. health system — was unconstitutional. But the court declined to strike down the law in its entirety.

    The Supreme Court agreed to hear arguments on a number of issues raised in the suit: severability, Medicaid, and the Anti-Injunction Act, to name a few. Specifically, it will hear arguments on whether Congress “had the power under Article I of the Constitution to enact the minimum coverage provision.”

    The Court directed the parties to brief and argue whether the Anti-Injunction Act (which bars suits to stop a tax before it has been imposed) bars NFIB’s and the states’ challenges to the PPACA’s minimum coverage provision.

    The Court will also hear arguments on whether the individual mandate provision is severable from the rest of the PPACA. The parties will address whether the law “must be invalidated in its entirety because it is non-severable” and whether the mandate “exceed[s] Congress’s enumerated powers.”

    Last, the Court will hear from the states’ petition whether Congress exceeds its enumerated powers and federalism generally by “coerc[ing] States into accepting onerous conditions that it could not impose directly by threatening to withhold all federal funding under [Medicaid].”

    By our count, the oral argument will be at least four and one-half hours long — a record time — and argued by an“all-star” lineup of Supreme Court litigators. A typical Supreme Court argument is one hour. The Court has rarely extended oral argument longer than two hours, but has done so in important cases such as the 2003 challenge to the Bipartisan Campaign Reform Act. The Court has not set a date for argument, but it could be as early as this March.

    The Court’s term is set to end on June 25, and the Court would usually announce all its decisions for the term by then. Occasionally the Court has extended its term or ordered reargument (as in Citizens United v. FEC).

    We are likely to get a decision by June 25 — right in time for the final months of the political battle for the November election.

    Cross-posted from PJMedia.com

    Posted in Obamacare [slideshow_deploy]

    16 Responses to Court To Hear Obamacare Challenge: What It Means

    1. Joe Gause says:

      This will perhaps be the most momentous U.S. Supreme Court ruling of all time. I hope and pray that it will be against the concept that the Interstate Commerce amendment justifies ever increasing federal powers.

    2. calvin pauley says:

      Our individual liberty is under attack, by Obama and the socialist. I do not want a group of
      Acorn types in charge of my family's medical care. I do not want a hugh bunch of tax increases
      heaped on the oil industry in order to pay for the Obamacare, because the tax increase will
      have to be passed on to us consumers, and I cannot afford higher costs on anything right now.
      I am a retiree. We have the world's best health care now, and I believe the governemtn is driving doctors away and raising the cost of insurance, and that is hurting Americans. Down with Obama and
      romneycare.

    3. Erik Osbun says:

      Let's keep it simple. Obamacare is not about health care; it is about CONTROL. If you love liberty, you must hate Obamacare. It will be ruled unconstitutional, if and only if one of its proponents, Kagan, recuses herself.
      She was put there by Obama just for the one purpose of making Obamacare constitutional. If she does not
      recuse, respect for the Supreme Court will be lost.

    4. skipfoss says:

      I want to see this unconstitutional peace of trash deleted as if had never existed.I would like to see the jerks that came up with it put out of what ever job they hold

    5. Allan Gordon says:

      If they rule to allow the mandate….then your freedom and liberty will be compromised. Government can order you to do anything they wish. America will no longer be a free country.

    6. It is comforting to know that our Supreme Court is taking speedy action on this case.
      In my 75 years I cannot think of any such any action that is more necessary.

    7. Al Connelly says:

      We have one justice who was on the Obama team and strong supporter of the Obama Health care act and she should recuse herself from hearing or commenting on the arguments. It is highly suspect that this one juror is the reason Obama and his crew are equally anxious to have the Supreme court rule on the legality of the issue.

    8. Rick_in_VA says:

      Obamacare is already affecting us. I noticed several changes in my health care plan for 2012, which stated they were required by Obamacare.

    9. Glen says:

      Why wait till next year? Because it is an election year ? They should move it up and make a decision as soon possible. Let Americans know where stand, NOW. It almost makes me think it is doing it before the election because a decision has already been made and they just want it to make a difference in tne election. Give us a decision A.S.A.P.

    10. Bobbie says:

      please repeal the law on the basis of it's unconstitutional interference of the American constitution and an intentional act by abuse of government authority to control the health of the masses.

    11. Adel says:

      Since socialism in practice is fundamentally doomed to failure our efforts to "fix" the healthcare problems in our country ignores the fact that every area where the government steps in to "help" is destined to fail. You can't keep trying to fix the house when the foundation is built on sand! Fix the foundation first then worry about what's on it.

    12. Carl NElson says:

      Thank You For The Privilege Of Informing America Of The True Facts As To What Is Happening Here In America;

    13. Dee says:

      Just received notice from Shell Oil that Long Term care will no longer be covered for new enrolles.Coincidence? I think not…another effect of Obamacare

    14. Carl NElson says:

      This is truly an injustice to { ALL } American citizens, Especially PATRIOTS and taxpayers who have to show I.D. to board a plane, { I Ask You is This Fair,? That Other Than Bona f ide Americans } { DO NOT HAVE TO SHOW IDENTIFICATION,, }

    15. Carl NElson says:

      HELLO: WHY:: Do You NOT In The FAIRNESS Of TRUTH,, FREEDOM Of SPEECH, Does Your administrator NOT Allow Fair JOURNALISM: When I Have Submitted Same In The Past ?? Thank You For Your Attention To this Matter:: Author, Carl Nelson;

    Comments are subject to approval and moderation. We remind everyone that The Heritage Foundation promotes a civil society where ideas and debate flourish. Please be respectful of each other and the subjects of any criticism. While we may not always agree on policy, we should all agree that being appropriately informed is everyone's intention visiting this site. Profanity, lewdness, personal attacks, and other forms of incivility will not be tolerated. Please keep your thoughts brief and avoid ALL CAPS. While we respect your first amendment rights, we are obligated to our readers to maintain these standards. Thanks for joining the conversation.

    Big Government Is NOT the Answer

    Your tax dollars are being spent on programs that we really don't need.

    I Agree I Disagree ×

    Get Heritage In Your Inbox — FREE!

    Heritage Foundation e-mails keep you updated on the ongoing policy battles in Washington and around the country.

    ×