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Supreme Court Health Care

March 24, 2012 by · Comments Off on Supreme Court Health Care 

Supreme Court Health Care, The Supreme Court will begin hearing arguments on Monday over President Barack Obama’s health care overhaul, the Patient Protection and Affordable Care Act, derisively labeled “Obamacare” by its opponents. A look at how the case will unfold before the court in question-and-answer form:

Q: What’s this all about?

A: The Supreme Court is hearing a challenge to the Patient Protection and Affordable Care Act, which is Obama’s signature domestic achievement. Passed by Congress in 2010, its aim is to provide health insurance to more than 30 million previously uninsured Americans, while trying to restrain costs and prevent disruptions to the majority already with coverage. Opponents say the law is unconstitutional; their chief argument is that Congress does not have the power to force unwilling Americans to buy health insurance or pay a fine.

Q: When will the court get started?

A: Justices will begin hearing arguments shortly after 10 a.m. EDT Monday, March 26. They will hear six hours of arguments on several different issues on Monday, Tuesday and Wednesday.

Q: Which issues on which days?

A: Monday’s 90-minute argument is about whether court action is premature because no one yet has paid a fine for not having health insurance. Tuesday’s two-hour argument will cover the central issue of whether Congress overstepped its authority by requiring Americans to purchase health insurance starting in 2014 or pay a penalty. Wednesday’s arguments will be split into two parts: Justices will hear 90 minutes of debate in the morning over whether the rest of the law can take effect even if the health insurance mandate is unconstitutional and another hour Wednesday afternoon over whether the law goes too far in coercing states to expand the federal-state Medicaid program for low-income people by threatening to cut off federal aid to states that don’t comply.

Q: When will the justices rule?

A: The court could decide any time, but complex cases argued in the spring normally produce decisions near the end of the court’s session, scheduled for late June.

Q: Is it possible that the justices won’t decide whether the law is constitutional or not?

A: It is possible. The first issue the court is discussing is whether an obscure tax law makes it too early for the Supreme Court to get involved. If they decide that the issue is premature, then the case will be dismissed without a binding ruling from the justices.

Q: What did lower federal courts say?

A: The 11th U.S. Circuit Court of Appeals in Atlanta ruled that Congress overstepped its authority when lawmakers passed the insurance mandate, the only appeals court to come to that conclusion. The 6th U.S Circuit Court of Appeals in Cincinnati upheld the entire law, as did the U.S. Court of Appeals for the District of Columbia Circuit in Washington, D.C. The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled that the question was premature and the law can’t be challenged in court until after 2015, when the first penalties for not having insurance would be paid.

Q: Who are the justices on the Supreme Court?

A: The chief justice is John Roberts, who joined the court in 2005 after being nominated by President George W. Bush. In order of seniority, the other justices are Antonin Scalia (confirmed in 1986 after being nominated by President Ronald Reagan), Anthony Kennedy (1988 by Reagan), Clarence Thomas (1991 by President George H.W. Bush), Ruth Bader Ginsburg (1993 by President Bill Clinton), Stephen Breyer (1994 by Clinton), Samuel Alito (2006 by President George W. Bush), Sonia Sotomayor (2009 by Obama) and Elena Kagan (2010 by Obama.)

Supreme Court Health Care Law

March 24, 2012 by · Comments Off on Supreme Court Health Care Law 

Supreme Court Health Care Law, Friday marks two years since President Obama signed what is considered his key legislative achievement: the health care reform law. And next week, the Supreme Court is set to hear arguments challenging the constitutionality of that legislation. All eyes will be on the court next week during what will be three days of historic arguments. These are very difficult issues. It’s a very complex law, and it has divided judges in the lower courts, just as it has divided America.

Recognizing his political future and legacy could well depend on the Supreme Court, the president is marking the two-year anniversary of the landmark law by releasing emotional web videos arguing his signature achievement is a success.

“Right now,” he says in one, “you have choices about who’s going to fight for you. Are we going to roll back healthcare that promises you having more security?”

When it passed, Vice President Biden was positively euphoric. He was caught by a microphone telling Mr. Obama, “This is a big f — ing deal!”

But that’s not how critics (and, according to a new poll, most Americans) view his health care legislation.

It remains a political lightning rod.

Minority Leader Mitch McConnell has said flatly on the Senate floor, “It’s time to repeal ‘Obamacare.’ ”

The law is also a rallying cry for the Republican presidential candidates.

At one of the GOP presidential debates, Newt Gingrich said, “Every person up here (on the stage) understands ‘Obamacare’ is a disaster.”

On the stump, Mitt Romney has said, “If I’m president, I’ll repeal ‘Obamacare’ and return rights to our people.”

And Rick Santorum contended to a crowd that the law is “a threat to the very essence of who America is.”

It’s also a law a majority of Americans have never supported. In a new Washington Post/ABC News poll, 52 percent oppose the law; 41 percent approve. And 67 percent think the Supreme Court should either strike it down completely, or at least repeal the part that requires them to buy insurance or pay a penalty.

That’s the big issue before the justices. Twenty-six states and a small business group are arguing that the law is unconstitutional – that the federal government can’t force you to buy insurance any more than they can force you to buy broccoli.

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