Politirant Political Forum

The Court will hold two hours of argument on the constitutionality of the requirement that virtually every American obtain health insurance by 2014, 90 minutes on whether some or all of the overall law must fail if the mandate is struck down, one hour on whether the Anti-Injunction Act bars some or all of the challenges to the insurance mandate, and one hour on the constitutionality of the expansion of the Medicaid program for the poor and disabled.

The Court chose those issues from appeals by the federal government, by 26 states, and by a business trade group. It opted not to review the challenges to new health care coverage requirements for public and private employers. It left untouched petitions by a conservative advocacy group and three of its members and by Liberty University and two of its employees.

http://www.washingtonpost.com/blogs/right-turn/post/obamacare-reaches-the-supreme-court/2011/11/14/gIQARYA0KN_blog.html

Personally, I disagree with the idea that the government should have the power to require "that virtually every American obtain health insurance".

It likely will not be presented until March.

Quote from: Conley on November 14, 2011, 03:27:36 PM

It likely will not be presented until March.

So much rides on it Oh well..

I wonder what the odds on it are. I mean it just doesn't seem to me like it could possibly be ruled constitutional, but I don't know enough about the arguments to say.

Quote from: Mister D on November 14, 2011, 03:29:36 PM

Quote from: Conley on November 14, 2011, 03:27:36 PM

It likely will not be presented until March.

So much rides on it Oh well..

I wonder what the odds on it are. I mean it just doesn't seem to me like it could possibly be ruled constitutional, but I don't know enough about the arguments to say.

it really is not difficult to understand, can the commerce clause be stretched to the point of allowing the fed govt to compel you to buy a product.....a four four split with kennedy to decide.....kagan should but will not recuse herself....the severability aspect of this is interesting given that the govt has argued that without the mandate the whole law is unsupportable.....further, the ability of govt to arbitrarily apply this law should have been considered as well.....

It says the final decision will handed down in June. I'd imagine that a ruling against Obamacare will be a serious blow to his reelection campaign but it will receive quite a boost if it passes.

The government maintains that the Interstate Commerce Clause of the Constitution authorizes the federal government to order all Americans to buy health insurance. The plaintiffs in Florida v. HHS and numerous other challenges to the "reform" law assert that even the broadest interpretation of that clause does not permit Congress to regulate "inactivity." In other words, it may allow the government to prevent a citizen from engaging in an "activity" like growing medicinal marijuana, but it cannot possibly authorize Congress to regulate something a citizen is not doing -- like failing to buy insurance.

Scary stuff.