The Court’s morning session concentrated on whether, if the individual mandate is held unconstitutional (as looks increasingly likely after yesterday’s argument), it can be cleanly severed from the rest of ObamaCare, and if not, what other portions of the act must the Court strike down with it. The Court’s afternoon session focused on whether Congress’s conditions on the states to continue to participate in the Medicaid program were constitutionally coercive. The two sessions were largely distinct but had some overlapping aspects. SEVERABILITY In the morning’s arguments about severability, the government … More
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If the individual mandate is the blockbuster issue before the Court, Medicaid and severability may be sleeper hits that ultimately have tremendous impact. If the Court strikes down the mandate, then what is to be done with the Russian novel-length ObamaCare? Should the Court just tear out the few pages that contain the mandate, or the mandate plus related sections (whatever that means), or is the mandate so central to the law that the Court should throw out the whole thing? This is what in legal jargon is known as … More
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The packed hearing room of the Supreme Court was a who’s who of lawyers and political leaders this morning, all of whom witnessed what was an undeniably bad day for the Obama Administration and its defense of the President’s health care law. Paul Clement and Michael Carvin, attorneys representing those challenging Obamacare, battled Solicitor General Donald Verrelli, who was defending the law, and urged the Supreme Court to find the individual mandate in ObamaCare unconstitutional. Present in the courtroom were about twelve state attorneys general, including those from Utah, North … More
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Obamacare saw its second day at the Supreme Court today. Heritage staff will have in-depth analysis of the day’s events later today (read our preview here). For now, here is audio and a full transcript of today’s two hours of arguments.
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Call it the main event: after a day puzzling over whether Obamacare’s fines on those who don’t buy insurance constitute a tax or a penalty—an important threshold issue, to be sure, but one that hasn’t quite captured the public’s imagination—the Court today will hear oral argument regarding one of the most important issues before it in 65 years: whether the Constitution empowers Congress to require that virtually all Americans purchase or obtain health insurance coverage. The answer to that question will determine whether the federal Leviathan truly remains a government … More
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Sen. John Barrasso earned the nickname “Wyoming’s Doctor” after working for 24 years as an orthopedic surgeon in Casper. Today he represents the state in the U.S. Senate and is one of the leading critics of Obamacare. More than two decades with patients gave Barrasso a firsthand glimpse of government’s involvement in medicine — and that was before President Obama signed his unpopular health care law in 2009. Last week Barrasso visited Heritage to share his concerns about the doctor-patient relationship and other side effects of Obamacare. “It seems every … More
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Six hours of oral argument will be conducted in four sessions, spread over three days. That’s what the Supreme Court has allocated for the cases challenging the constitutionality of the Patient Protection and Affordable Care Act (aka Obamacare). The arguments begin Monday, as attorneys representing 26 states, the National Federation of Independent Business (NFIB), and a few of its individual members square off against U.S. Solicitor General Donald B. Verilli, Jr. and one of his deputies. Other attorneys appointed by the Supreme Court will join the fray on two issues. … More
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Shortly after President Obama signed the Patient Protection and Affordable Care Act into law two years ago, the National Federation of Independent Business joined a lawsuit challenging its constitutionality. After victories in district court and federal appeals court, Obamacare goes before the U.S. Supreme Court next week. Karen Harned, executive director of NFIB’s Small Business Legal Center, has argued passionately on behalf of business owners against the law. During a visit to The Heritage Foundation yesterday, she sat down with us to preview the six hours of oral arguments and … More
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Shortly after President Obama signed the Patient Protection and Affordable Care Act into law two years ago, the National Federation of Independent Business joined a lawsuit challenging its constitutionality. After victories in district court and federal appeals court, Obamacare goes before the U.S. Supreme Court next week. Karen Harned, executive director of NFIB’s Small Business Legal Center, has argued passionately on behalf of business owners against the law. During a visit to The Heritage Foundation yesterday, she sat down with us to preview the six hours of oral arguments and … More
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In this week’s Heritage in Focus, Carrie Severino, Chief Counsel and Policy Director of the Judicial Crisis Network, discusses her work on the Supreme Court challenge to Obamacare being argued next week. Click here to listen. What’s the likely breakdown of the decision going to be? Is the individual mandate severable from the rest of Obamacare, or is the whole law unconstitutional? If the law is upheld, does it mean that Congress has virtually unlimited power? Listen to Carrie Severino answer those questions and more by clicking the link above. … More
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