- Reaction score
- 3
- Points
- 430
Well, we'll find out in about 8 months if "ObamaRomneyGingrichcare" is constitutional or not.
http://www.washingtonpost.com/politics/supreme-court-to-hear-challenge-to-obamas-health-care-overhaul/2011/11/11/gIQALTvrKN_story.html
The Supreme Court decided on Monday to review President Obama’s 2010 health-care overhaul, promising a high-profile hearing on the question dominating American politics: the constitutional limits of the federal government’s power.
...
Next March, around the second anniversary of the act’s passage, the nine justices will hear arguments in the case, taking on the role of constitutional referee between those who see the law as a trespass on individual and states’ rights and those who consider it an extension of a safety net to Americans regardless of where they live or work.
...
As a mark of the case’s importance, the justices said they will hear 5 1/2 hours of oral arguments on the constitutional question and related issues. That appears to be a modern record: In 2003, the court devoted four hours of oral arguments to the McCain-Feingold campaign finance act, a sweeping law aimed at controlling the influence of money in elections.
One point to note about how important the court is viewing this, typically only an hour is given for oral arguements, split between the two sides.
They will consider the following issues:
●Whether Congress was acting within its constitutional powers by requiring all Americans to have at least a basic form of health insurance by 2014. Those who do not will be required to pay a penalty on their 2015 income tax returns.
●Whether other parts of the law can go forward if the “individual mandate” is found unconstitutional. Lower courts have differed on the question. The administration says the law’s more popular features cannot work financially without the mandate that all Americans join the system.
●Whether Congress is improperly coercing states to expand Medicaid, the subsidized health-care program for the poor and disabled.
●Whether the issue is even ripe for deciding. Some lower-court judges have said that the penalty paid for not having insurance is the same as a tax and, under the federal Anti-Injunction Act, cannot be challenged until someone has to pay it in 2015.
http://www.washingtonpost.com/politics/supreme-court-to-hear-challenge-to-obamas-health-care-overhaul/2011/11/11/gIQALTvrKN_story.html
The Supreme Court decided on Monday to review President Obama’s 2010 health-care overhaul, promising a high-profile hearing on the question dominating American politics: the constitutional limits of the federal government’s power.
...
Next March, around the second anniversary of the act’s passage, the nine justices will hear arguments in the case, taking on the role of constitutional referee between those who see the law as a trespass on individual and states’ rights and those who consider it an extension of a safety net to Americans regardless of where they live or work.
...
As a mark of the case’s importance, the justices said they will hear 5 1/2 hours of oral arguments on the constitutional question and related issues. That appears to be a modern record: In 2003, the court devoted four hours of oral arguments to the McCain-Feingold campaign finance act, a sweeping law aimed at controlling the influence of money in elections.
One point to note about how important the court is viewing this, typically only an hour is given for oral arguements, split between the two sides.
They will consider the following issues:
●Whether Congress was acting within its constitutional powers by requiring all Americans to have at least a basic form of health insurance by 2014. Those who do not will be required to pay a penalty on their 2015 income tax returns.
●Whether other parts of the law can go forward if the “individual mandate” is found unconstitutional. Lower courts have differed on the question. The administration says the law’s more popular features cannot work financially without the mandate that all Americans join the system.
●Whether Congress is improperly coercing states to expand Medicaid, the subsidized health-care program for the poor and disabled.
●Whether the issue is even ripe for deciding. Some lower-court judges have said that the penalty paid for not having insurance is the same as a tax and, under the federal Anti-Injunction Act, cannot be challenged until someone has to pay it in 2015.