It’s official – today is the day the Supreme Court justices consider the widely debated challenge to the Obama administration’s health-care overhaul.

The court will hear a challenge brought by a group of Republican governors and attorneys general from 26 states, the National Federation of Independent Business and two individual plaintiffs.

There are multiple issues in the case, but the key question is whether or not Congress overstepped its constitutional powers when it required most individuals to carry health insurance or pay a penalty.

The court expects to hear oral arguments in March, and a decision is expected by the end of June – which puts the court’s ruling right in the heat of battle of the 2012 presidential campaign.

Those opposed to the law see the requirement that all Americans carry insurance as an “unprecedented intrusion on individual liberty”, according to the November 14^th wsj.com article, “Supreme Court Agrees to Rule on Health Law”. They argue Congress is not allowed to use its interstate commerce powers to regulate citizens who choose not to participate in the health-insurance market.

The Obama administration justifies the insurance mandate with the following logic, per the wsj.com article: because the uninsured impose enormous costs on the United States health care system, requiring coverage is a legitimate way to address this national crisis. In addition, requiring coverage is a critical part of the insurance reform, “which require insurers to accept all prospective customers, even if they have pre-existing medical conditions.”

Per the article, in a statement today, the White House was quoted as saying: “We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree.”

Also per the article, Senate Minority Leader Mitch McConnell (R., Ky.), who has attempted to repeal the law, was quoted as having said it “represents an unprecedented and unconstitutional expansion of the federal government into the daily lives of every American”, and has requested the Supreme Court strike it down.

If that happens, it has said it will rule on the remainder of the health care package. Those opposed to so called “Obamacare” want to nullify the entire thing. However, the Obama administration believes the majority of the law’s provisions that aren’t connected to the mandate should remain in place even if the insurance requirement is struck down.

The article speculates that all eyes, and ears, will be on Justice Antonin Scalia. A conservative justice, he joined two rulings in 1995 and 2000 that placed limits Congress’ commerce power. However, Justice Scalia, in 2005, embraced a broader view of that power in 2005, saying Congress had the authority to prohibit seriously ill Californians from growing marijuana for their personal medical use, even though a state law allowed it.

The Patient Protection and Affordable Care Act (PPACA) is a United States federal statute signed into law by President Barack Obama on March 23, 2010. The law (along with the Health Care and Education Reconciliation Act of 2010) is the principal health care reform legislation of the 111th United States Congress. PPACA reforms certain aspects of the private health insurance industry and public health insurance programs, increases insurance coverage of pre-existing conditions, expands access to insurance to over 30 million Americans, and increases projected national medical spending despite lowering projected Medicare spending under previous law.

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The next step in the ongoing federal health care legal fight will take place in the US Court of Appeals for the 4^th Circuit in Richmond, Virginia this Tuesday, May 10.

There are currently two cases testing the health care law.  In one case, a trial judge declared that the mandate which required a person “to buy health insurance by 2014 or face a tax penalty” was unconstitutional.  A judge upheld the same mandate in the second case.

Throughout this case, there have been strong arguments from both sides, and while the law has been reviewed in several other courts in the nation, on Tuesday it will go before the highest court that it has yet faced.  While it will still most likely end up going to the US Supreme Court eventually, this court of appeals should help “focus and narrow the issue”, according to University of Virginia law professor John Jeffries.

The court has a history of being able to decide cases quickly, usually a few months after a hearing takes place.  The court will not reveal the names of the judges who will be hearing the case until right before the 9:30 AM hearing on Tuesday.

US Solicitor General Neal Katyal will be arguing for the health care law’s constitutionality on Tuesday.  Katyal is the top lawyer for the government before the Supreme Court.

Two separate lawsuits, one brought by Virginia officials, and one brought by a Christian college, will be presented to the court.  In the Virginia case, state Solicitor General Duncan Getchell is set to argue, and Mathew Staver will be presenting in the Christian College case.

If you want to follow along, the court will have an audio link on Tuesday of the arguments by both sides on its website, which will be a first for this court.  Its website is located at: http://www.ca4.uscourts.gov.

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Presumably, setting fire to things in the meantime will not help.

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Humana has not issued a statement as of yet, but it seems likely that this will generate a few billable hours somewhere.

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One third of the incoming class will start on time, in Fall 2009.

Another third will be deferred to 2010. They will get a stipend of $5,000 per month for 12 months, along with reimbursement for health insurance.

And the final third has been told that a future position with the firm is “unlikely,” and they should look elsewhere for employment. These grads will, however, get a stipend of $5,000 per month for six months, along with reimbursement for health insurance.

The firm says it will “revisit their situations” in mid-2010. Which translates into English as “go away.”

Founded in 1878, Fish & Richardson is one of the largest in the world practicing intellectual property, litigation, and corporate law, and has as a legal staff of more than 450 attorneys and 1,200 employees in 12 offices across the globe, including an office in Munich, Germany. It opened its 11th US office in Houston in October.

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The loan forbearance is also available to alumni who have been laid off.

Northwestern has announced volunteer opportunities at its Bluhm Legal Clinic, and has identified other public interest employers who are interested in hiring interns.

The Northwestern University School of Law is a private American law school in Chicago, Illinois. It was independently founded in 1859 as the Union College of Law, and is one of eleven academic entities at Northwestern University. The school is currently ranked tied for 9th by the US News & World Report guide to the nation’s top law schools.

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Affected employees have been offered an expanded severance package that includes continuation of health insurance for the rest of the year.

If you have any details about layoffs at Perkins Coie, please — send us a confidential tip!

Perkins Coie is an international law firm based in Seattle, Washington. The firm is ranked number 86 on the list of the world’s largest law firms by 2006 revenue and has been listed on the Fortune Magazine “100 Best Places to Work in America” for the past seven years.

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From the memo, signed by managing partner Ronald S. Safer:

I know you have read with interest, and undoubtedly some trepidation, the news of law
firms slashing personnel, lawyers and staff alike. We have no intention of following that lead…

… We will curtail our summer associate program by shortening it to 8 weeks and making the program more content focused. We will delay the start date for our Fall Associates to January 1, 2010…

…we will eliminate this year’s Staff Appreciation Luncheon and Picnic. We will not have Holiday Parties this year. Similarly, the Attorney Dinner Dance will not be held this year. The Equity Partners’ Retreat will be replaced by a business meeting which will be held in Chicago. We will, however, hold our Service Recognition Luncheon for staff again this year…

… Associates, like Partners and Of Counsel Attorneys, will be responsible for 100% of the premium for health and disability insurance. We will continue to share this cost with members of our staff…

Finally, we are offering a Voluntary Early Retirement Option…

Thank you for your consideration and understanding.

The firm laid off some administrative staff in February.

Schiff Hardin employs more than 400 attorneys, practicing out of seven offices nationwide.

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He claims Brad Lakin and his law firm, now called LakinChapman, breached contract by failing to provide 90 days written notice of his termination, as required by an employment agreement.

Millar was terminated on December 29th.

The suit alleges the defendants falsely accused him of excessive absenteeism and faltering work performance so that it could “use these claims as a pretextural excuse to terminate Millar” and avoid increased costs of medical coverage for him and his son.

Allegedly, Millar’s son has an extremely rare medical condition requiring extraordinarily expensive care. This raised the rates of the entire firm’s health insurance plan through Aetna.

The firm switched group health insurance to United HealthCare in 2007. Millar says the firm knew the new insurance would adversely affect his child’s care.

After Millar threatened to sue the insurer, UnitedHealthcare began to cover his son in February 2008 at “considerable additional expense to the group health plan.”

Millar claims that on December 30th, the Lakin firm terminated four additional employees of the firm without cause or justification.

“Upon information and belief, these employees were also discharged for exercising their rights under the provisions of Defendants’ group health plan,” the complaint states.

Since he did not receive proper termination notice, Millar claims the terms of his employment agreement remain in full force through 2009, entitling him to $126,465 in salary and fees generated in class action cases.

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Fortune cited features like Arnold & Porter’s generous paid maternity leave and on-site child care options. It also offers a sliding scale for health insurance premia, based on income.

Founded in 1946, Arnold & Porter LLP is an international law firm based in Washington, which is well known for its trial, corporate, and antitrust work; and for its pro bono commitments and support for liberal causes.

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