The U.S. Supreme Court will hear a total of six hours of oral arguments beginning March 26 over a three day period.  The case is concerning  the constitutionality of the Patient Protection and Affordable Care Act (PPACA) and some of its provisions.  The Supreme Court agreed to hear the lawsuit brought by 26 states, the National Federation of Independent Business (NFIB) and two individuals.
The issues to be argued include:
1) Â Individual Mandate – Did Congress exceeded its constitutional power by instituting the individual mandate that requires most Americans to buy health insurance starting in 2014 or face a tax penalty? Â Is there a limit to the power of Congress under the Commerce Clause?
2) Â Anti-Injunction Act – Determining if this legal challenge violates the Anti-Injunction Act, which prohibits pre-enforcement challenges of tax statutes. Â Can a “tax” question be the litigated before the tax is imposed?
3) Â Severability – Determining if the Court is able to rule provisions of PPACA as unconstitutional without striking the law in its entirety. Â And, if so, which provisions of the law would be stricken as a result of declaring the individual mandate or other portions of the law unconstitutional. Â PPACA did not include severability language that is customarily included in all legislation.
4) Â Medicaid Expansion – States are challenging the provision of PPACA requiring them to expand Medicaid coverage to more lower-income people who lack health insurance (including non-disabled adults under 65 without dependent children that meet the income thresholds, who were previously ineligible), or risk losing federal funds. Â Federal unfounded mandates have for years been contentious and PPACA tests the financial limits that Congress can force states to spend on a federal program. Â Â A ruling is expected by June.
The hearings will not be on television, but the Court will post audio arguments and transcripts after the completion of each day’s hearing.
