The U.S. Supreme Court will hear arguments in the cases challenging various aspect of the Affordable Care Act ("ACA") that are now before the Court.
As announced earlier today, on March 26, 2012, the Court will hear one hour of oral argument regarding whether or not the Anti-Injunction Act, adopted in the 19th century, bars the Court from determining the constitutionality of the individual mandate until the mandate goes into effect in 2014.
On March 27, 2012, the Court will hear two hours of oral argument regarding whether or not the individual mandate is constitutional. Those challenging the mandate argue that Congress exceeded its constitutional authority to regulate interstate commerce, or to set and collect taxes.
Finally, on March 28, 2012, the Court will hear oral argument relating to two theories. First, the Court will hear ninety minutes of argument as to whether or not the individual mandate is so fundamental to the ACA that, if found unconstitutional, the remaining provisions of the ACA should not survive. Second, the Court will hear one hour of argument as to whether or not the ACA constitutes coercion of the various states by making receipt of Medicaid funds conditioned upon participation in the health care exchange construct created by the ACA.
A decision of the Court is expected sometime in June of 2012.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
