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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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