In March of 2012, the Supreme Court will hear arguments regarding certain aspects of the Affordable Care Act. The Obama administration has recently defended its health care reform law before the Supreme Court. The Supreme Court will hear more details from both sides later this year.
The Supreme Court has scheduled three days in March of 2012 to hear oral arguments about the Affordable Care Act. On March 26, the focus will be on a federal law called the Anti-Injunction Act. The arguments will discuss the requirement that all Americans buy health insurance, or pay a penalty, (in other words, the “individual mandate”).
On March 27, the Supreme Court will hear oral arguments about whether or not Congress has overstepped its powers by creating the individual mandate. On March 28, the Supreme Court will hear oral arguments about if the Affordable Care Act can survive if the individual mandate is struck down.
The Obama administration has defended the Affordable Care Act before the Supreme Court. This was done through court filings, and at a briefing.
One of the things that has been said, by opponents of the individual mandate, is what I think of as “the broccoli argument”. In short, some people believe that if the federal government can require Americans to purchase health insurance, then it could potentially go on to make people buy other health related things. They equate having to buy health insurance with having the federal government require people to eat broccoli.
The attorneys for the Obama administration have argued that the individual mandate is necessary in order to break a “cycle” of cost shifting, (which has caused the cost of health insurance to become more expensive). They said that the people who are uninsured end up shifting tens of billions of dollars of costs for the care that they receive, (but cannot pay for), to the people who are able to afford health insurance.
They also commented on what I call “the broccoli argument”. They point out that requiring people to buy health insurance, and making people eat broccoli, are not the same thing. In regards to health insurance, Congress is facing a national crisis. If everyone purchases health insurance, it would alleviate the “cycle” that is causing health insurance to be so expensive.
There is no such economic crisis involving broccoli. Therefore, “the broccoli argument” is not relevant to the case involving the Affordable Care Act.
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