Nov 14, 2011
At 10 a.m. today, the Supreme Court issued its orders for the upcoming 2012 term, which includes the details of how the oral arguments related to the health law will shape up.
CNN: "The U.S. Supreme Court will hear a challenge to
President Barack Obama's sweeping health care reform law, the court announced
Bloomberg: "The justices today said they will consider whether
Congress exceeded its authority by requiring all Americans to either acquire
insurance by 2014 or pay a penalty. The court will wield unprecedented influence
over the presidential election campaign, with a decision in the case likely in
late June, months before the election" (Stohr, 11/14).
The Washington Post: "The Supreme Court said Monday it will
hear a challenge to the health-care overhaul act passed in 2010, with a decision
on President Obama’s most controversial domestic achievement likely to come in
the summer of his reelection campaign. Opponents have called the massive new
law, with its central mandate that almost all Americans have health insurance by
2014 or pay a penalty, an unprecedented expansion of the national government.
The administration says it is confident the act will be upheld as a valid
exercise of federal power, just as Social Security and the Civil Rights Act were
found to be constitutional" (Barnes, 11/14).
The New York Times: "The court’s decision to step in had been
expected, but Monday’s order answered many questions about just how the case
would proceed. Indeed, it offered a roadmap toward a ruling that will help
define the legacy of the Supreme Court under Chief Justice John G. Roberts Jr."
The Associated Press: "The justices announced they will hear
more than five hours of arguments from lawyers on the constitutionality of a
provision at the heart of the law, the requirement that individuals buy health
insurance starting in 2014 or pay a penalty, and other related questions about
the act. The White House said 'we are pleased that the court has agreed to hear
this case'" (Holland, 11/14).
The Wall Street Journal: "The case raises several issues, but
chief among them is this: Did Congress exceed its constitutional powers when it
required most individuals to carry health insurance or pay a penalty? The court
is expected to hear oral arguments in March, with a decision expected by the end
of June. That timeline means the court will rule on President Barack Obama's
signature legislative achievement during the thick of the 2012 presidential
campaign" (Kendall, 11/14).
Los Angeles Times: "The justices said they would rule on the
constitutional challenge to the entire law brought by top Republican officials
from 26 states who contend the Democratic-controlled Congress overstepped its
authority in passing the measure. ... In agreeing to hear the cases, the court
said it will decide four questions that have arisen: Is it constitutional for
Congress to require all persons to have health insurance by 2014? If this
provision is struck down, can it be 'severed' from the law or must the entire
statute fall? Is it unfair to the states to force them to pay the extra cost of
expanding the Medicaid program? Finally, should a decision be put off until 2015
when the first taxpayers pay a penalty?" (Savage, 11/14).
The Hill: "The justices also will determine whether a separate
federal law bars them from reaching a decision on the mandate before it takes
effect. People can’t challenge a tax before they have to pay it, and the Obama
administration has defended the mandate by invoking Congress's taxing power. But
it has also said the court should bypass procedural issues and rule directly on
the mandate. Two federal courts of appeals have said the mandate is
constitutional under Congress’s authority to regulate interstate commerce. One
has ruled the law unconstitutional, and one said it could not reach a decision
on the mandate because of the aforementioned tax law" (Baker, 11/14).
Earlier today, news outlets reported on some of the key issues and moving
parts that will be in play if and when the high court hears pending health
Los Angeles Times: A Buoyed Health Care Law Reaches Supreme
CourtAfter a year and a half of legal skirmishing, President Obama's
embattled health care law has arrived at the Supreme Court riding a surprising
winning streak and carrying a constitutional stamp of approval from prominent
conservative judges. … The Supreme Court is expected to announce as soon as
Monday that it will hear the Florida case, the largest and broadest challenge to
the Patient Protection and Affordable Care Act (Savage and Levey, 11/13).
The New York Times: Supreme Court Memo: Health Law Puts Focus
On Limits Of Federal PowerIf the federal government can require people to
purchase health insurance, what else can it force them to do? More to the point,
what can't the government compel citizens to do? Those questions have been the
toughest ones for the Obama administration's lawyers to answer in court
appearances around the country over the past six months. And they are likely to
emerge again if, as expected, the Supreme Court, as early as Monday, agrees to
be the final arbiter of the challenge to President Obama's signature health care
initiative (Liptak, 11/13).
The Washington Post: The High Court: What Does Supreme Court
Decision On Social Security Mean For Health Care Act? Today, there are
unmistakable comparisons to the court's action on the Social Security Act of
1935 as the current justices consider whether to accept a constitutional
challenge of the 2010 Affordable Care Act. A decision could come as early as
Monday morning (Barnes, 11/13).