Health Care Law Blog

Supreme Court to Hear Health Care Reform Challenges

Not surprising given the circuit court split on the issue, the United States Supreme Court has agreed to hear arguments regarding the constitutionally of the Patient Protection and Affordable Care Act ("PPACA").  The constitutionality battle revolves around PPACA's "individual mandate."  The individual mandate financially penalizes individual taxpayers who fail to maintain certain levels of health insurance coverage starting in the year 2014.

The Supreme Court, in its Monday Order List, announced that it will hear oral arguments on four specific questions raised in federal circuit court decisions that were split on legality of the individual mandate.  The four issues are: (1) did Congress exceed its constitutional powers when it required individuals to carry health insurance or pay a penalty or whether PPACA is barred by the Anti-Injunction Act; (2) whether or not the individual mandate can be severed, if unconstitutional, and allow the remainder of PPACA to still stand; (3) whether the individual mandate can be challenged now or whether it can only be challenged in 2014 when it goes into effect; and (4) whether PPACA violates basic principles of federalism by PPACA's expansion of conditions on Medicaid, a federal-state partnership that provides health care to low-income Americans.

The cases the Supreme Court selected to review were the challenges brought by a group of Republican governors and attorneys general from 26 states, the National Federation of Independent Businesses and two individual plaintiffs.

According to a spokesman for the Supreme Court, oral arguments for this case will likely be heard in March of 2012.  Thus, we can likely expect the Supreme Court's decision to be published sometime in June of 2012.  This means the Supreme Court's decision will push the issue of health care reform to the forefront of voter's minds as the 2012 presidential election looms.

Stay tuned for updates on this case by continuing to read www.healthlawyersblog.com.

Categories: Health Care Reform