Breaking News

Health Care Law Debated in Supreme Court
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

The United States Supreme Court heard arguments regarding the Affordable Care Act on Tuesday, which is an individual mandate that might not have a future. The argument in favor of the government was issued by U.S. Solicitor General Donald Verrilli, whose argument started with a series of coughs, which was out of the box for the typically calm and collected Verrilli. As Verrilli was regaining his form, Justice Anthony Kennedy asked him a question, according to the Washington Post and the Huffington Post.

“Can you create commerce in order to regulate it?” The questions were thrown at Verrilli for almost an hour until he sat back down in his seat. Conservative justices in the court are worried that if the mandate is upheld then Congress would be allowed to regulate almost anything that they feel is a problem in the nation. It was then argued by Verrilli that the market for health care has features that Congress can require uninsured people to purchase health insurance policies.

“The health care market is characterized by the fact that, aside from the few groups that Congress chose to exempt from the minimum coverage requirement, virtually everybody else is either in that market or will be in that market,” Verrilli said. “People cannot generally control when they enter that market.”

  
What
Where


The response to the Verrilli statement was issued by Chief Justice John Roberts, who said, “The same, it seems to me, would be true, say, for the market in emergency services: police, fire, ambulance, roadside assistance, whatever.”

“With respect to what insurance has to cover, your honor, I think Congress is entitled the latitude of making the judgments of what the appropriate scope of coverage is. And the problem here in this market is that … you may think you’re perfectly healthy and you may think … that you’re being forced to subsidize somebody else, but this is not a market in which you can say that there is an immutable class of healthy people who are being forced to subsidize the unhealthy. This is a market in which you may be healthy one day and you may be a very unhealthy participant in that market the next day and that is a fundamental difference,” Verrilli said.

Paul Clement, a former United States solicitor general, argued in favor of the 26 states that are challenging the mandate. Clement seemed to succeed during his arguments, answering with ease the questions from the liberal judges of the court.

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!!




“The mandate represents an unprecedented effort by Congress to compel individuals to enter commerce in order to better regulate commerce,” Clement stated.

Justice Elena Kagan said, “Congress surely has within its authority to decide, rather than at the point of sale, given an insurance-based mechanism, it makes sense to regulate it earlier. It’s just a matter of timing.”



Clement responded to Kagan’s statement with the following: “Well, Justice Kagan, we don’t think it’s a matter of timing alone, and we think it has very substantive effects. Because if Congress tried to regulate at the point of sale, the one group that it wouldn’t capture at all are the people who don’t want to purchase health insurance and also have no plans of using health care services in the near term. And Congress very much wanted to capture those people. I mean, those people are essentially the golden geese that pay for the entire lowering of the premium.”



 

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