ILNews

Supreme Court to hear Affordable Care Act challenges

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Compromising precious constitutional rights in order to protect them? Rather like the military intelligence slogan that the town had to be destroyed in order to save it. Looks like Joseph, Mary and Baby Jesus will have quite the eventful Boxing Day this year. Wise men will arrive to find no one to accept their gifts? Oh well, wisdom not all that desired this xmas anyway. Maybe the ACLU and Christian attorneys can work out a "three days every third year" visitation compromise and all of this messy litigation stuff can just be boxed up as well? It is an art form, now isn't it? Thomas More, a man of manifold compromises is undoubtedly cheering on wildly.

  2. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  3. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  4. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  5. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

ADVERTISEMENT