Health Care Law Cases Arrive at Supreme Court
EmailThe challenges to the Affordable Care Act that have been making their way through the lower courts are beginning to arrive at the Supreme Court.
Today, arguing that “time is of the essence,” lawyers for 26 states challenging the law asked the Supreme Court to step in and rule on its constitutionality.
“States need to know whether they must adapt their policies to deal with the brave new world ushered in by the ACA,” argues Paul Clement, an attorney representing the states.
In court briefs, Clement calls the case “an ideal vehicle to resolve pressing and persistent constitutional questions” and he urges the court to act “expeditiously.”
The appeal comes after the 11th Circuit Court of Appeals ruled largely in favor of the states. The appeals court struck down a key provision of the law, the mandate that requires individuals to buy health insurance by 2014 or pay a penalty. But the appeals court rejected the states’ argument that the Medicaid provision of the law is too expansive. In his brief, Clement also argues that the lower court should have struck down the entire law when it held that the mandate was unconstitutional.
The National Federation of Business, which has joined the 26 states in the case, sent a similar petition to the Court. In a statement, Karen Harned, executive director of NFIB’s Small Business Legal Center said, “The sooner the court takes up this case, the sooner small businesses and individuals will know whether they will have to bear the full weight, financially and economically, of this bad law.”
Separately, the Obama administration is expected to file today its reply brief in a case it won in the 6th Circuit Court of Appeals. That court upheld the constitutionality of the individual mandate. The filing might offer a glimpse of how the administration plans to handle the various challenges making their way to the high court.
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It is a gamble, the 11th would have struck the mandate down and the SCOTUS would have seen that too, not that it really matters, the mandate will be struck down, and the rest of the law will go with it. Thankfully the only appeal to the SCOTUS is a Constitutional Amendment. With 26 States fighting the law that won’t happen either. The States can do this the Feds can’t it is as simple as that, the only way for the Feds to do it would be to call it a tax, and dump everybody on Medicare, and that won’t go anywhere in the House, or the Senate, nor would Medicare survive, it won’t survive as it stands today.
Posted by: snewsom2997 | September 28, 2011, 2:21 pm 2:21 pm
Let this be the final nail in the coffin of the looney left and the “Prince of Fools”
Posted by: HUH? | September 28, 2011, 3:37 pm 3:37 pm
This country’s health care system is abominable. We should be ashamed that 50 million people are uninsured. The insurance companies lobby against a public insurance option, fueling the idea that tax payers should not be liable for these costs. However, the US insurance industry refuses to be part of the solution to this problem. All they want are good, paying customers who make minimal claims. Large corporations have the clout to beat down insurance policy costs, but individuals and small companies must pay through the nose for coverage, inclusive of large deductibles. I hope the Supreme Court upholds the Affordable Care Act, and we can put an end to the insurance companies of this country having 50 million citizens over a barrel regarding providing affordable health care options.
Posted by: RohnertPark1 | September 28, 2011, 4:34 pm 4:34 pm
Prediction; Overturned 5-4. Against; Alito, Scalia, Thomas, Roberts, Kennedy. For; Kagan, Sotomeyer, Ginsburg, Brier. But Kennedy is the wild card.
Posted by: newcountryman | September 28, 2011, 5:04 pm 5:04 pm
If ACA is overturned will Oblamer step down??? That is the real question.
Posted by: billy bob | September 28, 2011, 5:15 pm 5:15 pm
___”Let this be the final nail in the coffin of the looney left and the “Prince of Fools””
POSTED BY: HUH? | SEPTEMBER 28, 2011, 3:37 PM 3:37 PM_______________LOL! If I were you, I wouldn’t start throwing confetti yet. The mandate will be upheld, and this whole thing about “Obamacare” will be put to rest. Can you say big victory for President Obama? Now, let’s move on to GOP pack of “presidential candidates.”
Posted by: NoFlyZone2 | September 28, 2011, 5:41 pm 5:41 pm
The Headline in our local paper today reads, “Hospital Readying Staff Layoffs”. – And goes on to say ” The lack of people with health insurance has caused a sharp drop off in the number of patients seeking treatment, that has Hospital officials considering staff cuts”. – So here is more PROOF that Obamacare is causing insurance rate to sharply increase, causing people to lose coverage, the same reason why I no longer have insurance! As well as all the folks who are no longer working and cannot afford insurance! – Thanks Obama, for making things worse for the middle class and poor! – Here in California even the poor do not qualify for Medicaid if they have no dependent children at home! – Yes we need health care reform, but Obamacare does NOTHING to lower the price of insurance!!! – - Again, Thanks A Bunch Obama!!!!
Posted by: RadioMan77 | September 28, 2011, 6:03 pm 6:03 pm
NOFLYZONE; I’ll bet it’s overturned.
Posted by: newcountryman | September 28, 2011, 6:03 pm 6:03 pm
The world’s most powerful economy should be able to provide a health care system that really is the best. But the disturbing truth is that this country lags at #37, well behind other advanced nations in delivering timely, effective, and afforadable care. We have the highest spending cost on healthcare, then anyone, and not everyone has health insurance!
All other major industrialized nations provide universal health coverage, and most of them have comprehensive benefit packages with no cost-sharing by the patients. The United States, to its shame, has it’s own citizens without health insurance and many more millions who have poor coverage. If the ACA is dismantled the Insurance companies will sky rocket the cost of insurance, as they have already done in the past few years. It will get worse.
Posted by: chris | November 29, 2011, 11:47 pm 11:47 pm