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| Authored by: Anonymous on Friday, June 29 2012 @ 09:23 PM EDT |
The issues before the court were:
Legal Challenges to the Affordable Care Act
Reference:
http://www.hfma.org/Templates/Print.aspx?id=24263
Update: Supreme Court Grants Review of Healthcare Law Challenges
The Supreme Court has granted review of four issues from challenges to the
Affordable Care Act that have been pursued in the federal courts since passage
of the act in March 2010. The court originally set aside 5 1/2 hours for oral
argument (arguments at the court are typically restricted to one hour, with each
side granted a half-hour of argument), but has expanded the total argument time
to 6 hours, spread over three days (March 26, 27, and 28, 2012). The four issues
on which the court has granted review are:
Whether the Anti-Injunction Act prevents challenges to the Affordable Care Act
at this time (90 minutes of argument on March 26)
The constitutionality of the individual mandate, requiring most Americans to
purchase health insurance by 2014 (2 hours of argument on March 27)
Whether the individual mandate is severable if it is found to be
unconstitutional, or whether the entire Act would have to fail (90 minutes of
argument on March 28)
Whether the Affordable Care Act's expansion of the Medicaid program is
constitutional (1 hour of argument on March 28)
The issue of the applicability of the Affordable Health Care (ObamaCare) as a
tax issue was not one of the four issues before the court.
In fact that issue can not be brought before any federal court before the tax is
paid. I believe this comes about because of the 16 Amendment but it could be
another amendment such as poll tax. Under either case the tax payment issue was
not argued before the supreme court as part of the Affordable Care Act. [ Reply to This | Parent | # ]
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