This week the Supreme Court heard 6 hours of oral argument on the legality of health care reform. The last time the Supreme Court entertained that length of oral arguments was when it addressed the constitutionality of Miranda rights in the 1960s. 26 states have challenged the constitutionality of the Affordable Care Act, and over 170 briefs were submitted to support or oppose the law.
At the top of the Supreme Court's agenda was the individual mandate requiring virtually all Americans to purchase health coverage or face a penalty. Public opinion seems to be moving against the individual mandate, with most Americans of the opinion that health care should be a consumer-based decision, with no (or little) government involvement. Critics of health care reform say the individual mandate is overreaching by the government as it represents an unconstitutional exercise of Congress' powers to regulate commerce and levy taxes. Supporters of the individual mandate say the Constitution gives Congress broad powers to regulate interstate commerce and lay and collect taxes, and the federal government can "promote the general welfare" through the individual mandate.
The Court also heard arguments on what would happen if a single provision of the health care reform law was found unconstitutional. Would that cause the entire law to be unconstitutional? Or, would the offending provision be severed from the rest of the law? It separately considered whether Congress had the power to expand the Medicaid program to cover 15 million low-income people who presently earn too much to qualify for Medicare.
While Supreme Court oral arguments are typically dull, the debate this week was lively and animated. Many Justices asked questions to both sides of the isle, including some Justices who do not typically participate in questioning.
The Court's four most liberal members probably will find the law constitutional. The most conservative member likely will strike down most or all of the law. The position of the other members of the Court is unclear. The issues will be decided by June this year. Stay Tuned.
