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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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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