Lawyers for the Obama Administration have argued before the Supreme Court that most of the Affordable Care Act can survive, even if the Court declares the individual mandate to be unconstitutional. The opposing lawyers have argued that the entire Affordable Care Act should fall if the individual mandate is struck down.
The Affordable Care Act is a series of health reform laws that were created by the Obama administration. The laws are designed to improve health insurance for consumers, and make it easier for people to find affordable health care coverage. Shortly after this law was signed by President Obama, there were lawsuits filed by groups who felt that certain parts of the Affordable Care Act were unconstitutional.
Several of those court cases were appealed, and the result is that the Supreme Court will hear a case regarding the constitutionality of the Affordable Care Act, and the individual mandate, in March of 2012. A total of five and a half hours of oral arguments will be heard by the Supreme Court, over the course of three days. Each day will focus on a specific part of the Affordable Care Act.
Earlier this month, lawyers for the Obama administration had the opportunity to defend the individual mandate before the Supreme Court. This was done through court filings, and at a briefing. Recently, the lawyers argued in a written brief that most of the Affordable Care Act could still survive, even if the Supreme Court finds the individual mandate to be unconstitutional.
The lawyers say that the 26 states and independent business groups who are challenging the law have failed to show that Congress would want for the entire Affordable Care Act to fall if the individual mandate were struck down. There are several reasons the lawyers used to back up their claim.
The lawyers point out that several provisions of the Affordable Care Act have no connection to insurance coverage at all. This includes laws designed to control costs, and to improve public health. They also note that Congress directed many parts of the Affordable Care Act to take effect years before the minimum coverage provision’s effective date. This, they say, proves that Congress intended these laws to operate independently from the Affordable Care Act.
Only two parts of the Affordable Care Act cannot be separated from the individual mandate. One is the law that prevents insurance companies from refusing to cover a person because that person has a preexisting condition. The other is the law that prevents insurance companies from charging a person a higher health insurance premium based upon that person’s medical history.
Karen Harned, of the National Federation of Independent Business, expressed the view of the opposing side. She said her group still believes that if the individual mandate is declared unconstitutional, then the entire Affordable Care Act must fall. She said:
“To argue otherwise would be like arguing a house can stand after its foundation has crumbled.”
Image by Kjetil Ree on Flickr