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“If you really want Obamacare repealed, there’s only one person who can make that happen.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

Lead Attorney

USA-VA-Virginia Beach

Multi-state legal recoveries Firm seeks Lead Attorney to join its Virginia Beach, VA office. This is...

Apply now

Paralegal

USA-DC-Washington

CHENEGA HEALTHCARE SERVICES, LLC Washington DC   The Paralegal II shall prov...

Apply now

Accounting Manager

USA-TX-El Paso

Key Duties & Responsibilities: “Hands on” management of the general ledger, accoun...

Apply now

Managing Attorney

USA-TX-El Paso

The ideal candidate will have the following traits: Sharp Organized Decision maker Flexi...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Litigation Associate Attorney

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks a litigation associate attorne...

Apply Now

Corporate Transactional Partner

USA-CA-Los Angeles

Los Angeles office of a BCG Attorney Search Top Ranked Law Firm seeks a corporate transactional part...

Apply Now

Corporate Transactional Partner

USA-TX-Austin

Austin office of a BCG Attorney Search Top Ranked Law Firm seeks a corporate transactional partner w...

Apply Now

SEARCH IN ARCHIVE

To Top