Legal Challenges
Supreme Court hears Medicaid expansion oral argument
Posted on March 28, 2012
In the afternoon on the the third and last day of oral arguments, the Supreme Court heard whether the Affordable Care Act’s (ACA’s) expansion of Medicaid is unlawful. Medicaid is a state-federal program that provides health insurance coverage to the disabled and poor, including families with dependent children. To increase participation rates in the program, the federal government allocates money to states that voluntarily create Medicaid programs that meet federal standards. The ACA expands Medicaid coverage to include single adults that fall within federal poverty standards.
Mr. Paul Clement, representing the challengers, opened the afternoon arguments. Mr. Clement’s allotted 30 minutes ran over, as Justices continued to fire questions well after the time had expired. The majority of Mr. Clement’s argument was spent on the coercion question, which suggests that because the federal government has the option of pulling all the state’s Medicaid funding if a state doesn’t want to participate in the law’s Medicaid expansion, states will thus be coerced to participate in the expansion.
Solicitor General Donald Verrilli followed, representing the Obama Administration.
To end the ACA oral arguments, Chief Justice Roberts gave Mr. Clement 5 minutes to make a final rebuttal.
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Supreme Court hears severability oral argument
Posted on March 28, 2012
On the last day of oral arguments surrounding the Affordable Care Act (ACA), the Supreme Court heard the severability issue in the morning. The severability question would only come into play if the Justices rule to strike down the minimum coverage provision (argued yesterday).
Mr. Paul Clement, representing the challengers, opened this morning’s arguments. Mr. Edwin Kneedler followed, presenting the government’s position. Mr. Kneedler argued that if the individual mandate is stricken from the ACA, two other provisions would have to fall as well. The first prohibits insurers from turning away individuals due to pre-existing conditions. The second provision limits how insurers can set rates. The government takes issue with the aforementioned provisions because if applied in the absence of the mandate, the insurance market would crater. Apart from these insurance regulations, however, the government argued that every other aspect of the law could stand in the absence of the individual mandate.
Following Mr. Kneedler’s argument was Mr. H. Bartow Farr, a court appointed lawyer, who argued that all other provisions of the law should remain in place even if the Justices strike the minimum coverage provision.
Mr. Clement returned for a four-minute rebuttal to close the morning session.
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Supreme Court hears minimum coverage provision oral argument
Posted on March 27, 2012
Today, from 10:00 am-12:02 pm, the Supreme Court heard one of the most highly anticipated oral arguments in years. The subject in question was the constitutionality of the individual mandate, a provision of the March 2010 Affordable Care Act (ACA). The 26 states, the National Federation of Independent Business (NFIB), and a few individual business owners brought the suit, contending that the law’s individual mandate is unconstitutional. The challengers argued that the minimum coverage provision regulates economic “inactivity,” and forces people to enter a market. The Obama Administration, on the other hand, contended that it is essentially impossible to avoid entry into the health care market. Health insurance is not a stand-alone product, like broccoli or a car, but rather a means of financing a market.
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Challenges to the Affordable Care Act: Highlights from the Supreme Court Briefs (updated weekly)
Posted on March 27, 2012
About this special series: On November 4, 2011, the Supreme Court granted certiorari in two cases arising out of constitutional challenges to the Affordable Care Act (ACA). The Court is set to hear oral arguments in the (now consolidated) cases over three days, beginning on March 26, 2012. As part of our continuing coverage of the litigation, HealthReform GPS will post periodic updates as the parties and their amici file briefs in the coming weeks. Amicus briefs, filed by individuals and organizations with an interest in the outcome of the litigation, are also known as “friend of the court” briefs. In ACA litigation, numerous amicus briefs are expected on the four questions the Court will hear. For a detailed explanation of the cases and the four issues, click here.
The oral argument dates are shown below:
- Monday, March 26: Department of Health and Human Services et al., v. Florida et al.–Anti-Injunction Act – 1 hour beginning at 10 a.m.
- Tuesday, March 27: Department of Health and Human Services et al., v. Florida et al.–Minimum Coverage Provision – 2 hours beginning at 10 a.m.
- Wednesday, March 28: National Federation of Independent Business v. Sebelius, Secretary of HHS et al. and Florida et al., v. Department of Health and Human Services et al.–Severability – 90 minutes beginning at 10 a.m. AND Florida et al., v. Department of Health and Human Services et al.–Medicaid – 1 hour beginning at 1 p.m.
For access to our entire list of Supreme Court brief summaries, please click “Continue Reading” below.
Supreme Court hears Anti-Injunction Act oral argument
Posted on March 26, 2012
From 10:12-11:41 am on March 26, 2012, the Supreme Court Justices heard the Anti-Injunction Act oral argument in Case Number 11-398, Department of Health and Human Services v. Flordia. Robert A. Long, the court-appointed amicus curiae opened the session, followed by Donald B. Verrilli on behalf of the petitioners. Gregory G. Katsas argued on behalf of the respondents and Mr. Long closed the session with a rebuttal argument. The Anti-Injunction Act is an 1867 federal law that bars suit “for the purpose of restraining the assessment or collection of any tax.” If the Supreme Court finds that the 1867 law does apply, a decision would be deferred until 2015, when Americans will first be penalized if they do not have health insurance.
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Legal Challenges to the Affordable Care Act: Tabular Summary of Supreme Court Amicus Briefs
Posted on March 26, 2012
The table below summarizes all of the amicus briefs filed to date. HealthReformGPS has posted summaries for at least one of the briefs filed by the bolded amici below…
CRS publishes report on ACA litigation resources
Posted on March 23, 2012
In March 2010, Congress passed P.L. 111-148, the Patient Protection and Affordable Care Act of 2010 (ACA), and amended it by passing P.L. 111-152, the Health Care and Education Reconciliation Act of 2010 (HCERA). Subsequently, lawsuits were filed in multiple courts challenging various aspects of the new law. Many of these cases were heard in the district courts and a few were appealed to appellate courts. In November 2011, the Supreme Court granted three petitions for certiorari in one of these cases and later scheduled oral arguments for March 26-28, 2012. This report contains resources for retrieving background information and selected legal material relevant to these cases. It also includes information on Congressional Research Service (CRS) experts and products to assist in understanding the legal and policy issues related to the act.
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Maintenance of Minimum Essential Coverage
Posted on February 10, 2012
Approximately 49 million nonelderly Americans are uninsured. Of those, approximately 20 percent have the financial means to buy health insurance but decide not to and instead rely on emergency care when necessary; the rest desire insurance but are denied coverage or cannot afford it. Even though uninsured, some individuals in the latter group receive medical services, resulting in approximately $43 billion worth of uncompensated care costs. These costs are recouped through higher charges for health care services, thereby producing a cost-shifting effect that results in higher premiums for those who are insured. This cost shift is…
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Constitutional Challenges Update: Florida et al. v United States Department of Health and Human Services
Posted on January 4, 2012
On November 14, 2011 the United States Supreme Court agreed to hear oral arguments on issues that have arisen as a result of more than two dozen legal challenges to the Affordable Care Act (ACA) that were filed upon or immediately following the March 2010 enactment of the health reform law. The Court will consider four constitutional issues related to the ACA: (1) whether Congress has the power under Article I of the Constitution to enact the coverage requirement; (2) if the coverage requirement is found unconstitutional, whether it is severable from the remainder of the ACA; (3) whether the ACA’s requirement that states expand Medicaid eligibility or risk losing federal funds is unduly coercive in violation of the Tenth Amendment; and (4) whether the individual coverage requirement is a tax for purposes of the Anti-Injunction Act, meaning that plaintiffs seeking to challenge the requirement must wait until it takes effect in 2014.
Oral arguments are set for March 26-28, 2012, and a decision is expected by the end of the Court’s term in late June of 2012.
Prominent Republican Discusses Importance of Medicaid on Senate Floor
Posted on December 19, 2011
Senator Charles Grassley (R-IA), Ranking Member of the Senate Judiciary Committee, gave a speech on the Senate floor warning members of the dire consequences to Congressional powers if the Supreme Court finds in favor of States on the ‘Medicaid Commandeering’ argument. The Court has agreed to hear oral arguments on multiple challenges to the Affordable Care Act (ACA) over a three day stretch in late March of 2012. These challenges include an objection by States of the Medicaid expansion provisions of the ACA, which require States to expand Medicaid eligibility to 133% of the federal poverty level (FPL) in order to receive additional federal dollars.
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