Supreme Court To Hear Healthcare Law Challenges

Today, the Supreme Court granted review of three separate cases challenging the constitutionality of the Obama Administration’s signature health care law, the Affordable Care Act. The Court set aside extensive time to hear oral arguments on the law, 5 ½ hours. Oral arguments will likely be heard in March, with a decision possible later in the summer.

The most contentious issue by far is the law’s individual mandate provision, which requires that nearly all Americans obtain health insurance by 2014. Opponents of the law argue that requiring individuals to obtain health insurance is an overreach by the federal government, and should be struck down. Proponents of the law argue that the federal government has broad power to require health insurance under the Constitution’s Commerce Clause.

There have been multiple decisions from the lower courts that have come down on both sides on the issue of the law’s constitutionality. Of the four appellate courts that have issued rulings, two courts upheld the law, one found the law unconstitutional, and one court held that the issue was not yet ripe for review given that the penalties for not obtaining health insurance would not go into effect until 2015. The split among the lower courts increased the likelihood of a swift review by the Supreme Court.

Notably, the most recent decision came last week from the United States Court of Appeals for the District of Columbia, which upheld the law. The appeals court, known for its conservative jurisprudence, held that the federal government does have the power under the Commerce Clause to require individuals to obtain health insurance.

The Obama Administration, which requested the Supreme Court’s review of the Affordable Care Act, said in a statement issued today that “Thanks to the Affordable Care Act, one million more young Americans have health insurance, women are getting mammograms and preventive services without paying an extra penny out of their own pocket and insurance companies have to spend more of your premiums on health care instead of advertising and bonuses. We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree.”