The U.S. Supreme Court has granted writ of certiorari (cert) to three appellate court cases involving multiple issues related to the constitutionality of the Affordable Care Act (ACA). The Court set aside 5-1/2 hours for oral arguments, which will likely take place in March. The justices will hear arguments on four issues:  (1) the constitutionality of the individual mandate; (2) whether other provisions of the ACA should be severed (and remain in effect) if the individual mandate is found to be unconstitutional; (3) the applicability of the Anti-Injunction Act on whether the Court has jurisdiction to hear the cases, and; (4) the legality of the ACA’s Medicaid eligibility expansion.

Individual Mandate—The Court granted cert in the case of Department of Health and Human Services, et al., v. Florida, et al., on the issue of “[w]hether Congress had the power under Article I of the Constitution to enact the minimum coverage provision (individual mandate).” The Court has allotted 2 hours for oral arguments on this issue.

Severability—The Court will consider whether the individual mandate (if determined to be unconstitutional) should be severed from the remainder of the ACA.  If the Court holds that it is not severable, the entire Act would be struck down. This issue was raised in cert petitions National Federation of Independent Business, et al., v. Kathleen Sebelius, Secretary of Health and Human Services, et al. and Florida, et al., v. Department of Health and Human Services, et al. The Court has allotted 1 hour for oral arguments on this issue.

Anti-Injunction Act—The Court requested arguments on whether the Anti-Injunction Act (AIA) bars the federal courts from ruling on the constitutionality of the individual mandate because the legal challenge is an effort to stop the imposition of a tax. Claims in federal court to prevent tax collections are expressly prohibited by Congress, which has the power to establish the jurisdiction of the lower federal courts.  This issue arose in Department of Health and Human Services, et al., v. Florida, et al. The Court has allotted 1-1/2 hours for oral arguments on this issue.

Medicaid Expansion—The Court will hear arguments on whether Congress exceeded its authority in requiring states to expand Medicaid coverage as a condition of participation. This is one of the issues raised in Florida, et al. v. Department of Health and Human Services, at al. The Court will allow one hour for arguments addressing the ACA’s Medicaid eligibility expansion.

Each party has 45 days to submit briefs supporting their positions. The Court will issue a decision by the end of the current term, which expires June 30, 2012.