Posts tagged Individual mandate
The Supreme Court is scheduled to read its last decisions of the 2011–2012 term today, starting at 10:00 am EDT. That means that sometime this morning, the world will finally have an answer on the constitutionality of the Patient Protection and Affordable Care Act (PPACA, or “Obamacare”).
If you want to participate in the liveblog at SCOTUSblog, use this link. Amy Howe of SCOTUSblog has an excellent rundown of the arguments “in Plain English”.
Shortly after the decision is announced, we will post up an article outlining the key points in the decision. Any comments made here will be transferred to the new article, so if you want to start an argument now, or lay down a marker on the anticipated outcome, do that here.
Update 10:13 am: It looks like the PPACA was upheld in its entirety, by a 5–4 vote (Alito, Kennedy, Scalia, Thomas dissenting), with some limitations on Medicaid funding to states. Michael is working on the full article that will replace this one. Stay tuned.
- Quick Poll: What will Supreme Court Rule? (chilmarkresearch.com)
- Cloud looms over Obamacare decision (wnd.com)
- This Week’s Court Action is Just a Preview (leavenfortheloaf.com)
The Supreme Court is currently deliberating on the constitutionality of the Patient Protection and Affordable Care Act’s “individual mandate”, which requires all Americans to purchase medical insurance.
It has been pointed out by opponents that the individual mandate is an unprecedented requirement to engage in commerce. The Congressional Research Service, for example, observed that “it is a novel issue whether Congress may use the clause to require an individual to purchase a good or a service.”
The Cato Institute came to a similar conclusion, that “[f]inding the mandate constitutional would be the first interpretation of the Commerce Clause to permit the regulation of inactivity — in effect requiring an individual to engage in an economic transaction.”
Yet it seems that, from an examination of history, they are incorrect. (more…)
Mary Brown is one of the plaintiffs in the case to overturn the Patient Protection and Affordable Care Act (PPACA or Obamacare) requirement that all Americans have health insurance. This requirement is commonly referred to as the “individual mandate”, and its constitutionality is being decided by the Supreme Court right now.
Brown’s argument was that her family doesn’t need health insurance because they are perfectly capable of paying for their own healthcare. U.S. District Judge Roger Vinson noted, with regard to Brown’s complaint, that “She is a small-business owner … [who] does not believe the cost of health insurance is a wise or acceptable use of her resources.” To Mrs. Brown, the mandate merely requires her to pay for the insurance companies’ overhead, and that is unacceptable.
But a funny thing happened on the way to the Supreme Court. (more…)
This week, the Supreme Court is hearing arguments about the Constitutionality of the Patient Protection and Affordable Care Act (PPACA, ACA, or Obamacare). Audio of Monday’s argument can be heard here. It is fascinating to listen to the recording. The chance to hear a case as it is argued before the highest court in the land is a treat not to be avoided. One gets a feel for the people behind the names, the voices and personalities of a handful of people (except for Justice Clarence Thomas, whose voice is not heard) who decide some of the most vital issues of our day. It sounds like a polite and erudite conversation among witty but serious people. Just like the comments on Logarchism. On a good day, anyway. This is constitutional law at its finest. (more…)
Today marks the first two hours of six hours of Supreme Court testimony, over three days, on U.S. Department of Health and Human Services v. Florida, which serves to adjudicate the constitutionality of the Patient Protection and Affordable Care Act (PPACA, ACA, or Obamacare). It’s now three days since the second anniversary of President Obama signing the ACA into law.
Today and tomorrow, the arguments are focused on the question of the constitutionality of the individual mandate. Wednesday, arguments shift to answer two questions. First, does Congress have the authority to require states to comply with the new Medicare provisions in order to receive federal funding for their Medicaid programs? Second, if the individual mandate is unconstitutional, does that invalidate the ACA in its entirety, or is that provision severable? (more…)
In the past few days, I’ve talked about two different political gambles. Today I’ll talk about a third.
This week, the Obama administration opted not to appeal last month’s 11th Circuit PPACA ruling, which concluded that the individual mandate is unconstitutional. Given that Obama’s position is, obviously, that the mandate is constitutional, why not appeal the decision?
Simply put, because this forces the Supreme Court’s hand. (more…)