Legal News

Obamacare at the Supreme Court: Day 1
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The U.S. Supreme Court began its three days of arguments in deciding if President Barack Obama’s Health Care is constitutional, tackling the question, first of all, whether the Court even has jurisdiction over the case.

The initiative, which was Obama’s signature pledge in his campaign for president, was put into law in 2010. Now, in the case of of Department of Health & Human Services v. Florida, Solicitor General Donald B. Verrilli Jr. will be defending the new law against Solicitor General Paul Clement, who represents 26 States opposing it.

The opposition to the law is arguing against the constitutionality of its mandate that most U.S. citizens have to sign up for Health Care insurance or be penalized. On Monday, the Court focused on whether or not the penalty is a tax. According to the Anti-Injunction Act of 1867,the Court cannot determine the constitutionality of a tax before it has been collected. Both the supporters and the opponents of the law are avoiding calling it a tax, so private attorney Robert Long has been assigned to argue that it is a tax.

  
What
Where


Verrilli’s defense of the law requires him to make the awkward case that the person who is penalized for not purchasing health care is not paying a tax, but in Tuesdays question session, when Paul Clement will make the case that this law is an unconstitutional extension of the interstate commerce clause, Verrilli will argue that the government has the authority to do this under its power to tax.

“Today you are arguing that the penalty is not a tax,” Justice Samuel A. Alito Jr. said, “Tomorrow you will be back arguing that the penalty is a tax.

This was the first of three days of arguments in a question / answer session between the six lawyers and nine justices; 110 members of the public were admitted to watch, along with 117 credentialed members of the media; outside 100s of protesters and supporters rallied and demonstrated and listened to politicians such as Republican nominee Santorum, who appeared on the steps to say:

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




“If you really want Obamacare repealed, there’s only one person who can make that happen. Obviously I don’t believe that Obamacare is constitutional.”

Tomorrow will look at the law’s individual mandate stipulations.





 

RELEVANT JOBS

Civil Litigation Attorney

USA-CA-Solana Beach

Dean Gazzo Roistacher LLP, located in Solana Beach, California, is seeking an associate with 4-7 yea...

Apply now

Remote Family Law Paralegal

USA-CO-Denver

We\'re looking for an organized, detail-oriented, and experienced Colorado family law paralegal to p...

Apply now

Experienced Litigator

USA-VA-Newport News

Seeking an attorney with 5+ years of litigation experience to work on a varied portfolio of civil li...

Apply now

Attorney

USA-TX-Fort Worth

Multi-state consumer collections law firm seeks an attorney to manage high-volume civil litigation d...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate/Transactional Attorney

USA-IA-Des Moines

Des Moines office of a BCG Attorney Search Top Ranked Law Firm seeks corporate/transactional attorne...

Apply Now

Corporate Attorney / Counsel

USA-NY-New York City

New York City office of a BCG Attorney Search Top Ranked Law Firm seeks corporate attorney with 5+ y...

Apply Now

Housing Finance Associate Attorney

USA-MN-Minneapolis

Minneapolis office of a BCG Attorney Search Top Ranked Law Firm seeks a housing finance associate at...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top