Human Resources News & Insights

3 questions the Supreme Court will answer about healthcare reform

The challenge to the healthcare reform act is finally on the Supreme Court’s calendar. Here are the three questions the court will try to answer when it hears the case in March.

The court will spend three days hearing challenges to three key issues. Here’s the breakdown:

  1. Is the individual mandate unconstitutional? The big question on the courts’ plate: Did Congress violate the Constitution by requiring people to buy health insurance or pay a penalty? The court will hear two hours of arguments on the individual mandate, also known as the minimum coverage provision, on March 27.
  2. Can the mandate be separated from the rest of the healthcare reform act? The court will also spend a significant amount of time arguing about what parts of the law should be eliminated should the individual mandate be ruled illegal. The states and businesses that filed the lawsuits against the government claim the entire law should be struck down if the individual mandate is deemed illegal. The feds argue that only some parts of the law should be eliminated if the individual mandate is struck down. Those arguments take place on March 28.
  3. Should the challenge actually be pushed back to 2014? Before either of those questions can be answered, though, the court must first decide if it can even legally make a ruling about the mandate. A federal law called the Anti-Injunction Act states that “consumers can’t challenge a tax law until they have to pay for it,” according to Politico. If the court rules that the individual mandate is a tax, then the court could throw out any lawsuits concerning the mandate until it goes into effect in 2014.

The court will likely rule on the challenge to the act during the last week of its term at the end of June. We’ll keep you informed.

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  1. Common Sense says:

    Obama sold the program by vehemently saying the mandate was not a tax. Now he is trying to say it is a tax. You can’t have your cake and eat it too.

  2. Seems like he can and he does. There have been so many lies coming out of this administration that they don’t even know what the truth is anymore.
    Remember in the beginning, those famous words: The doors of congress will be open to the public during the health care overhaul …and what happened? He slammed the door in our face, then lied, bribed, and threatened to get that damn plan passed. Now we have to live with it, but our elite members of congress who passed the bill are exempt; such wonderful people we have looking out for us!

  3. Here is an example that people that don’t like the law, often don’t know what is in it.

    Bob says: “Now we have to live with it, but our elite members of congress who passed the bill are exempt; such wonderful people we have looking out for us!”

    The fact is: “Starting in 2014, Members of Congress will be getting their health care insurance through Exchanges, and you will be able buy your insurance through Exchanges too.”

    Unfortunately there are lies and corruption on both sides of the aisle; I wouldn’t believe a word either John Bohner or Eric Cantor says if they had one foot in the grave and one hand on the Bible. Money is at the root of the corruption and the wealthy are always the beneficiaries of that corruption. And now these conservatives are complaining about the unrestricted pac money in the elections when the conservative Supreme Court justices are the ones responsible for it. It is sadly laughable.

  4. Common Sense says:

    H2r says: “Here is an example that people that don’t like the law, often don’t know what is in it.”
    This is oppopsed to our congress which voted for the law and didn’t know what was in it.

    If history serves as any example, Bob is right to be skeptical. I will bet dollars to donuts that after 2014 congressional members will still have some special privileges and benefits that you and I will never see.

    Finally, I am looking for the sentence in the article that addresses PAC money and am unable to find it. Let’s please try to stay on topic and refrain from adding fuel to the fire with wild tangents.

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