Supreme Court to decide on health care overhaul

Updated at 4:13 p.m. ET

WASHINGTON - The Supreme Court said Monday it will hear arguments next March over President Obama's health care overhaul — a case that could shake the political landscape as voters are deciding if Mr. Obama deserves another term.

This decision to hear arguments in the spring sets up an election-year showdown over the White House's main domestic policy achievement. And it allows plenty of time for a decision in late June, just over four months before Election Day.

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"The court could endorse the measure, it could say the law is constitutional; it could strike it down and say it's not," said CBS News senior legal analyst Andrew Cohen. "Or the justices could not agree, and they could decide to delay it for a while. That's happened before in certain high-profile cases. I can't imagine it would happen again, but, look, anything's possible."

The justices announced they will hear an extraordinary five-and-a-half hours of arguments from lawyers on the constitutionality of a provision at the heart of the law and three other related questions about the act. The central provision in question is the requirement that individuals buy health insurance starting in 2014 or pay a penalty.

In the modern era, the last time the court allotted anywhere near this much time for arguments was in 2003 for consideration of the McCain-Feingold campaign finance reform. That case consumed four hours of argument. This argument may spread over two days, as the justices rarely hear more than two or three hours a day.

The 2010 health care overhaul law aims to extend insurance coverage to more than 30 million Americans, through an expansion of Medicaid, the requirement that individuals buy health insurance starting in 2014 or pay a penalty and other measures. The court's ruling could decide the law's fate, but the justices left themselves an opening to defer a decision if they choose, by requesting arguments on one lower court's ruling that a decision must wait until 2015, when one of the law's many deferred provisions takes effect.

A White House spokesman said, "We are pleased that the court has agreed to hear this case."

"We know the Affordable Care Act is constitutional and are confident the Supreme Court will agree," communications direct Dan Pfeiffer said in a statement.

The Justice Department said it was confident that the law is constitutional.

"Throughout history, there have been similar challenges to other landmark legislation such as the Social Security Act, the Civil Rights Act, and the Voting Rights Act, and all of those challenges failed," a department spokesperson said in a statement. "We believe the challenges to the Affordable Care Act will also ultimately fail and that the Supreme Court will uphold the law."

House Minority Leader Nancy Pelosi said Monday she was also confident that the Supreme Court would uphold the law.

"Millions of our nation's families, seniors, young adults, and workers are already benefiting from the law," she said.

House Speaker John Boehner called the law a "government takeover of health care" that's "threatening jobs, increasing costs and jeopardizing coverage for millions of Americans."

"The American people did not support this law when it was rushed through Congress, and they do not support it now that they've seen what's in it," Boehner said.

Senate Republican Leader Mitch McConnell of Kentucky called the law an "unprecedented and unconstitutional expansion of the federal government into the daily lives of every American."

"In both public surveys and at the ballot box, Americans have rejected the law's mandate that they must buy government-approved health insurance, and I hope the Supreme Court will do the same," McConnell said.

Republicans have called the Patient Protection and Affordable Care Act unconstitutional since before Mr. Obama signed it into law in March 2010. But only one of the four federal appeals courts that have considered the health care overhaul has struck down even a part of the law.

The federal appeals court in Atlanta said Congress exceeded its power under the Constitution when it adopted the mandate. The federal appeals court in Cincinnati upheld the entire law, as did appellate judges in Washington, DC, in recent days.

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The case could become the high court's most significant and political ruling since its 5-4 decision in the Bush v. Gore case nearly 11 years ago effectively sealed George W. Bush's 2000 presidential election victory.

In addition to deciding whether the law's central mandate is constitutional, the justices will also determine whether the rest of the law can take effect even if that central mandate is held unconstitutional. The law's opponents say the whole thing should fall if the individual mandate falls.

The administration counters that most of the law still could function, but says that requirements that insurers cover anyone and not set higher rates for people with pre-existing conditions are inextricably linked with the mandate and shouldn't remain in place without it.

The court also will look at the expansion of the joint federal-state Medicaid program that provides health care to poorer Americans, even though no lower court called that provision into question. Florida and the 25 other states say the law goes too far in coercing them into participating by threatening a cutoff of federal money. The states contend that the vast expansion of the joint federal-state Medicaid program and the requirement that employers offer health insurance violate the Constitution. No appeals court has agreed.

"The court recognized the seriousness of these vitally important constitutional challenges by allocating an extraordinary amount of time for oral argument," Florida Attorney General Pam Bondi said.

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[Zann-Zel]

y erasmus111 November 14, 2011 8:46 PM EST
I could have sworn there were over a thousand posts, now there are only 875.
--------------
It appears Mortar got banned all his posts are missing. What did he do? I hate it when someone's banned, all my conversations with them make it look like I'm talking to myself!

[Birdman04]

There must be a new sheriff in town. That really stinks if you ask me.
It is okay to not agree. It is healthy.

[Zann-Zel]

They always get kicked off when I'm not here. I've never seen Mortar lose his temper so bad he deserved to get kicked off.

I Won two debates with him yesterday - but without his words there - my points make no sense! LOL

[gep1955]

If govnt can mandate healthcare, what's next? Mandate water useage amounts, electric amounts, gas amounts, size of your car, outlaw power boats? These are Marxists, they never stop. Anyone who pays taxes or hopes to earn enough someday to actually be considered a success should be horrified at the prospect of this passing. I'm crazy, right? They have mandated a minimum wage, this is the first step in mandating a maximum wage. Now, show me the liberty in that.

[Zann-Zel]

Ask a Canadian if they still have power boats?

[nancy_naive]

As I recall, there is no mandate to buy insurance. There is no fine for not having it either.

There is a tax credit for having healthcare insurance.

[nancy_naive]

Starting in 2014, individuals and families can take a new premium tax credit to help them afford health insurance coverage purchased through an Affordable Insurance Exchange. Exchanges will operate in every state and the District of Columbia. The premium tax credit is refundable so taxpayers who have little or no income tax liability can still benefit. The credit also can be paid in advance to a taxpayer's insurance company to help cover the cost of premiums. On Aug.12, 2011, the IRS issued proposed regulations that describe who will be eligible to receive the premium tax credit and how to compute the credit. The proposed regulations also describe how to reconcile any advance credit payments for health benefits purchased through an Exchange with the final credit amount. The proposed regulations provide numerous examples, solicit written comments and provide a notice of public hearing. Comments must be submitted by Oct. 31, 2011.

http://www.irs.gov/newsroom/article/0,,id=220809,00.html

[RobAla]

Your recall is incorrect. There are fines levied for not purchasing health insurance. I downloaded this entire idiotic law. Not only that, there are fees and taxes levied on medical devices, driving up the cost of health care for Americans. In 2014, this horrible law imposes huge additional expenses and regulations on private businesses PER EACH EMPLOYEE, resulting in many business owners having to put aside cash to pay for this nonsense rather than hire workers. This stupid law contains taxes that "shall not be treated as taxes".

If you don't believe me regarding the wording in the law that states that certain taxes are not to be called taxes, below is a portion of Section 304 of the Affordable Health Care Act (HR 3962):

''(6) NOT TREATED AS TAX IMPOSED BY THIS
CHAPTER FOR CERTAIN PURPOSES.;The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55."

It is the worst piece of garbage I have seen as a law. It was crammed through against the wishes of a majority of Americans, and before most legislators had a real opportunity to even read it. Americans are still against this law: 38.2% in support to 50.8% against (average of several polls on the subject). This law has to be tossed where it belongs, in the garbage.

[tvwatcher5345]

i think obamacare is probably a mistake, however since the republicans refuse to admit that bush was wrong when the pro-israeli neocons pushed him into the worst military blunder (iraq) that cost thousands of Americans their lives, and cost the taxpayer billions, and created an iranian superpower, obamacare seems minor in comparison

[retm-w]

Is Obamacare a mistake or does some parts of it need to be changed. We have nothing now except for what the insurance companies dictate what we can and can't have. Ask someone with a pre existing condition if there is any coverage they can get, without banckrupting them.

[tvwatcher5345]

if Americns ate right, exercised, and didn't smoke, i would say automatic universal coverage for everyone, but we don't, just look at how fat Americans are..... it will bankrupt the country

[bajajohn1]

Three of 7 deadly sins were greed, gluttony and slothfulness. So being of the first two and then condemning the third would seem like the pot calling the kettle black.

[retm-w]

Mort

The government is demanding my money to pay for things I don't believe in, like corporate welfare, military industrial complex, foreign aid, ect.

[bajajohn1]

Let me know when the fetus can make a decision as to ownership of its host?

[RobAla]

The American people reviewed it, and the majority of Americans don't want President Obama's health care law. The states reviewed it, and 27 states (a majority) are suing the federal government over President Obama's health care plan. I feel sure the Supreme Court will rule that the federal government DOES NOT HAVE THE RIGHT TO FORCE A CITIZEN TO PURCHASE A SERVICE OF ANY KIND.

[bajajohn1]

Well, then you Republicans don't complain when poor people who cannot afford health care, either through their employer or themselves show up at hospital emergency rooms for medical care. We all will have to pay through increased taxation. You guys are protecting the biggest crooks in the world--insurance companies. Legalized protection rackets is what they are.

[bajajohn1]

Gard: Here in Baja, most doctors trained first in Mexico and many at UCLA Medical.

[bajajohn1]

Even a poor, but upwardly-mobil Mexico, has universal health care for all of its citizens. It is called Seguro Popular, and even ex-patriot Americans are eligible for coverage. Many of them Republicans and none of them are complaining.

[bajajohn1]

The Insurance Cartel has you thinking that way Mort. What is insurance anyway....it is a large pool of people sharing similar risks, paying into a collective that distributes health care through a very large insurance bureauocracy.

[bajajohn1]

GardTheTruth: I live here year round and not one of the 30 thousand Americans living here has complained. In fact, one lady had two knee replacements....didn't have to pay but $6 for some optional pain pill.

[endrepubs]

vismit,
A barrel of oil was only $25 when Bush 2 took office and was in the $147 per barrel late in his Presidency. So Bush can affect oil prices too.

[bajajohn1]

I do wish sometimes the Republicans would have let the TOO Big TO Fail Banks, Fail....GM too. Then I would be very curios to see what Dan would have to say.

[SUPAJC]

Obamacare isn't about health care. Obamacare is about government seizing control of its citizens. It's about forcing us to buy a product. It's about seizing your assets and redistributing and deploying your money as inefficiently as possible. Of course that's socialistic, perhaps even communistic. But that's not the key issue. The key issue is the rise of a new oligarchy facilitated by a minority of "public servants" who are now attempting to seize financial control over the lives of 315 million people. They are trying to strip you of the freedom of deciding how to spend the money you earn and what you can spend it on. I am glad that the Supreme Court has this case now. I will not have long to wait. It is the single greatest issue in the history of this country. I am not overstating that.

If the Supreme Court allows Obamacare to stand, you can take that relic of a Constitution and wipe your ass with it. They will have rendered it useless. The government will then have the authority to seize whatever amount of money they need from you, tell you how you can spend the remainder, and lock you up in some penal colony if you dare even try to complain about it.

[bajajohn1]

Read the Commerce Clause and case law on the subject before making asinine comments.