The United States Supreme Court opened on Monday three days of oral arguments related to the constitutionality of the federal health reform law’s “individual mandate.” On Monday the Court considered whether the issue is yet ripe, or whether a decision must wait until 2014 or later, after the mandate takes effect.
Yesterday the Court grappled with the key question: Whether the Commerce Clause of the federal Constitution permits Congress to require Americans to purchase a commercial insurance product. The questions posed by the Court to the attorneys arguing the case revealed the sharp ideological divide between the Court’s liberal and conservative justices.
This morning the Court hears arguments regarding whether, if the mandate is unconstitutional, all or a portion of the balance of the law must also be thrown out. This afternoon the Court takes up questions relating to Medicaid-related issues under the health reform law.
Read a more detailed summary of Tuesday’s feisty oral arguments here, on our Health Reform and Compliance Services Blog. Read about Monday’s oral arguments here, and while you’re at the blog site, please take a moment to subscribe to the blog if you’ve not already done so. Later today we’ll post a blog entry regarding this morning’s oral arguments.
Ed Fensholt, J.D.
Health Reform Advisory Practice