The Supreme Court has scheduled the dates and times that it will hear what is undoubtedly the most important case about health care in the United States. The five and a half hours of arguments that the Supreme Court has agreed to hear will be spread out over a few days.
Court cases about specific parts of the Affordable Care Act, (which some people call “Obamacare”), have been going on since shortly after the law was signed by President Obama. Finally, the ultimate outcome has happened. These arguments will be heard by the Supreme Court, who have agreed to hear a total of five and a half hours of oral arguments. This makes the case one of the longest arguments in recent years.
Those arguments will be spread out over three days. The Supreme Court will hear arguments starting on March 26, 2012, and ending on March 28, 2011, (which means that the case will be heard over a three day span).
On March 26, 2012, the Supreme Court will hear a total of one hour of arguments. This will specifically be focused 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. This part of the Affordable Care Act is called the “individual mandate”.
In other words, the Supreme Court will determine if that penalty is, or is not, a tax. If the court decides that it is a tax, then it would be covered by the Anti-Injunction Act. That would mean that this part of the Affordable Care Act cannot be challenged until after someone has had that penalty imposed.
Two hours of arguments will be heard by the Supreme Court on March 27, 2012. These arguments will focus on whether or not Congress has overstepped its powers by creating the “individual mandate”.
On one side of this argument, is the Obama administration, who will defend the controversial law by pointing out that Congress needed to create it in order to address a national crisis. On the other side of the argument, are 26 states, (led by Florida and an independent business group). This group will attack the “individual mandate” by saying it is an “unprecedented intrusion of congressional authority under the Constitution”.
On March 28, 2012, the Supreme Court will hear the remaining 90 minutes of arguments. The focus this time will be on whether or not the rest of the Affordable Care Act can survive if the “individual mandate” is struck down.
The Supreme Court is also going to hear an hour of arguments on another issue. The focus will be on whether or not Congress coerced states into expanding their Medicaid program. Right now, it is expected that the Supreme Court will make its decision about all of these issues by the middle of June of 2012.
Image by Mack Male on Flickr