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Supreme Court to hear Affordable Care Act challenges

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In what’s expected to be a historic constitutional test over how much power the federal government has to require individual mandates for states, the Supreme Court of the United States will consider the constitutionality of the Affordable Care Act passed in 2010.

The nation’s high court released its orders Monday following a private conference Nov. 10, indicating it would take questions from three of the five health care appeals that have been filed nationwide in the past 18 months. The justices granted certiorari in National Federation of Independent Business., et al. v. Kathleen Sebelius, No. 11-393; Department of Health and Human Services, et al. v. Florida, et al., No. 11-398; and Florida, et al. v. Department of Health and Human Services, et al., No. 11-400.

The appeals will likely be heard in March, with a decision expected by the end of the court's current term in June – just before the Republican and Democratic national conventions. No dates are set for arguments and the court has set aside  5 ½ hours to hear the parties’ arguments.

One of the main questions before the justices is the constitutionality of the individual insurance mandate, the foundation of the health care reform passed in 2010, and whether Congress exceeded its regulatory power on interstate commerce in requiring that coverage. That question comes from the HHS v. Florida case. Indiana and 25 other states joined Florida as parties in that case earlier this year.

A Florida federal court judge struck down the entire law as unconstitutional and the 11th Circuit Court of Appeals affirmed in part, finding that only the individual mandate portion of the law is unconstitutional. That decision was opposite of what the 6th Circuit Court of Appeals found in a separate challenge, and the 4th Circuit had previously determined it couldn’t rule on the constitutionality of the individual mandate until it went into effect in 2014. The SCOTUS declined to take those two cases.

The court will examine the issue of “severability” of the insurance mandate from the law’s other provisions, a question brought up in both the Florida v. Department of Health and Human Services and NFIB v. Sebelius cases. Those two cases are consolidated for 90 minutes of oral argument.

Parties are also directed to brief and argue whether the lawsuit initiated by the states involving the insurance mandate is barred by the Anti-Injunction Act. One hour is devoted to that issue relating only to state application, but not how private entities such as businesses might challenge the individual mandate.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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