Affordable Care Act + Supreme Court, Affordable Care Act Faces Ultimate Legal Test. The Supreme Court has agreed to take up cases regarding challenges to the Affordable Care Act. The high court will hear oral arguments in the spring when it will decide the immediate fate of health care reform.
Here is some relevant background information on the cases being heard by the Supreme Court.
* The cases being heard revolve around a court filing in Florida soon after the Affordable Care Act was passed. Three other cases in the legal challenge were left out of the court's proceedings.
* Oral arguments will be held in March, with a ruling likely in July. One of the main influences in the 2010 midterm elections, the Affordable Care Act's provisions may become political fodder for the 2012 presidential election between Barack Obama and a Republican candidate.
* The lawsuit in Florida rejected the notion that everyone must have health insurance coverage by 2014. Fox News reported in late January that Judge Roger Vinson concluded "Congress exceeded the bounds of its authority" to mandate everyone must have health insurance or pay a penalty.
* CNN reported Aug. 12 the appeal to the original Florida case was affirmed by a 2-1 panel. The court in Atlanta agreed with a lower court ruling that Congress has enumerated powers to conduct commerce but can't force Americans to buy expensive health insurance.
* A lawsuit in Virginia was filed but had a different outcome. The New York Times stated in December 2010 that Judge Henry E. Hudson said the Commerce Clause of the Constitution didn't apply to health insurance. Fox News reported Sept. 8 that an appeals court overturned the Virginia ruling. The conflicting results have led to a showdown in the Supreme Court.
* The Washington Post reports all or part of the Affordable Care Act can be struck down. The most controversial portion of the law is the individual mandate that requires all citizens to have health insurance by 2014.
* The 11th Circuit Court of Appeals ruled the rest of the health care law could stand without the individual mandate. However, the Obama administration has urged the Supreme Court to rule on the validity of the entire law.
* Oral arguments for the cases will be allowed five and a half hours of testimony. The law may stand as-is, parts of it may be struck down, or the entire Affordable Care Act could be struck down. The Supreme Court may also state no legal challenges can be presented until 2014 when the individual mandate goes into effect.
Source:yahoo
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