Across the country, opponents of the health reform bill are saying the mandate requiring individuals to buy insurance is unconstitutional. Well, the Supreme Court just got its first chance to address that issue. Its response?
The court passed up the opportunity to review the law, according to a report in The Washington Post.
The court’s reasoning: Because no individual nor business has been harmed by the Patient Protection and Affordable Care Act’s mandate that individuals obtain coverage and that employers help pay for that coverage, no one can challenge the law yet.
All nine justices participated in rejecting the case, which came as no surprise because lower courts have yet to rule on such cases. It would be unusual for the high court to pass judgment before lower courts have at crack at administering the law.
The case was brought to the court by Steve Baldwin, a former California legislator.
Former administration official weighs in
One additional tidbit: Justice Elena Kagan, President Obama’s former solicitor general, didn’t recuse herself from the case.
There had been speculation that because Kagan was a former member of the Obama administration she might bow out of health reform cases that come before the high court.
Cite: Baldwin v. Sebelius
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