Monday, March 26, 2012

Obamacare Goes to Court

A Georgetown constitutional law professor explains the "unprecedented combination of economic, political and legal stakes" of the 6 hours of oral arguments before the Supreme Court that begin today:
  • Economic: 18% of the U.S. economy hangs in the balance;
  • Political: Obamacare has become a proxy for the nation's deep philosophical divide between conservatives' individual liberty form of governance and liberal/progressives' collectivist form of governance; and
  • Legal: the "biggest test of the president and Congress' power since the New Deal."
Each day will focus on different questions before the Court:
  • Day 1: Can judges rule on the individual health insurance mandate before it goes into effect in 2015?
  • Day 2: Is the individual mandate constitutional?
  • Day 3: What happens to the rest of the law if the individual mandate is found unconstitutional.
Constitutional issues relative to the individual mandate will turn on the federal reach and power permitted by:
  • the commerce clause
  • the tax collection clause
  • the spending clause (in the case of Medicaid funding to states)
Audio of these arguments will be made available at the U.S. Supreme Court's website. A ruling is expected by the end of June.

More:
Newsmax: Obamacare 'Biggest Test' of Presidential, Congressional Power Since New Deal
Heritage Foundation: Attention, Obamacare Court Watchers: Synchronize Watches... Now!
Manhattan Institute: Why Obamacare Will End Health Insurance as We Know It

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