Supreme Court Health-care hearings conclude

The Supreme Court concluded the three-day review of the Obama health-care law Wednesday with final arguments on whether the entire law would be overturned if the individual mandate is deemed unconstitutional. Robert Barnes and N.C. Aizenman reported :

During final oral arguments, the court considered whether the entire law should be junked if the individual mandate — the requirement that almost all Americans either buy health insurance or pay a penalty — is judged unconstitutional. And conservatives on the court seemed to take seriously the complaint from 26 states that the government’s plan to expand Medicaid violates basic tenets of federalism.

Video

Three days of arguments on President Obama's health-care overhaul have come to an end at the Supreme Court. Outside Republicans spoke to reporters with GOP Senator Mike Lee saying the law puts individual freedoms "at stake."

Three days of arguments on President Obama's health-care overhaul have come to an end at the Supreme Court. Outside Republicans spoke to reporters with GOP Senator Mike Lee saying the law puts individual freedoms "at stake."

Key Coverage

'That would be an evolution in our severability law'

AUDIO | Justices press Deputy Solicitor General Edwin S. Kneedler on the matter of severability.

Why has Obama backed 'Obamacare'?

THE FIX | The White House's recent strategic shift to fully embrace the term “Obamacare” looks more and more like a bow to political reality.

Health Care Challenge

View the latest news, opinion and multimedia on legal challenges to the Affordable Care Act.

Make Your Case

Should the entire law stand?

If the individual mandate is struck down, should the entire law go with it? Tell us what you think, then vote for the best arguments of your peers.

Supreme Court Hearings

A guide to health-care law challenges by day:

MONDAY | Is it premature for the Supreme Court to rule on the challenge to the law's insurance requirement? View story »

TUESDAY | Is the law's insurance requirement constitutional? View story »

WEDNESDAY | If the insurance requirement is ruled unconstitutional, should the rest of the health care law stand? View story »

WEDNESDAY | Is the law's expansion of Medicaid to cover a greater share of the poor constitutional? View story »

The overall impression is that the Patient Protection and Affordable Care Act activates the ideological differences that define the current Supreme Court, and the court’s decision, expected to come just before its session ends in June, will be close.

During their questioning on the third and final day of the court’s historic review of Obama’s landmark domestic initiative, the justices indicated some acceptance of the government’s argument that at least two key insurance provisions would have to be scrapped if the individual mandate were found unconstitutional. But it was far from clear whether the court would opt to strike the entire law.

Paul Clement, a former solicitor general representing the 26 states that are challenging the law, argued that if the individual mandate is declared unconstitutional, the rest of the health-care law must be rejected as well. Congress would never have adopted the law’s other major structural reforms to the health-care system without the individual mandate, he told the justices.

But the justices questioned that logic.

Justice Antonin Scalia brought up one of the last-minute deal sweeteners that drafters of the law threw in to win the crucial vote of Sen. Ben Nelson (D.Neb.) — a concession dubbed “the Cornhusker Kickback.” If the court were to declare the kickback unconstitutional due to a constitutional prescription against “venality,” Scalia posited, to titters in the courtroom, would the justices really have to strike the entire law on the grounds that the law could not have made it through Congress without it?

“That can’t be right,” he said.

The questions came a day after Scalia and other conservative justices expressed deep skepticism about the constitutionality of the individual mandate as they grilled the government’s top lawyer, Solicitor General Donald B. Verrilli Jr., on the provision. On Wednesday, the third and final day of oral arguments in a case that has drawn demonstrators from both sides of the issue, it was the challengers’ lawyer who was put on the defensive .

Whether or not his signature achievement survives the court’s review, Fix blogger Rachel Weiner writes “Obamacare” suffers from a public relations problem:

Ever since debate over the health-care law began, Democrats have said that Americans would like the Affordable Care Act better the more they know about it.

Loading...

Comments

Add your comment
 
Read what others are saying About Badges