Eagle Forum Legislative Alerts

Friday, November 04, 2011

Supreme Court Will Decide ObamaCare

The U.S. Supreme Court accepts for review and consideration only about 1% of the cases brought to its attention. 99 out of every 100 cases brought on petition to the U.S Supreme Court are rejected without comment. Moreover, many of the cases accepted by the High Court for review are obscure to most of the public, such as an arcane bankruptcy issue. The Supreme Court has not decided a major issue in high-profile areas such as abortion in more than five years. Ever since the Patient Protection and Affordable Care Act, known as ObamaCare, was enacted in March 2010, there has been much speculation about if and when the U.S. Supreme Court might review that law. It's now clear that the U.S. Supreme Court will consider whether ObamaCare is constitutional.

Most appellate courts ruled in favor of ObamaCare, but a brilliant 2-1 decision by the U.S. Court of Appeals for the Eleventh Circuit s truck down the central component of the law, which is the mandate requiring individuals to purchase health insurance. The Eleventh Circuit held that Americans cannot be forced to "enter into contracts with private insurance companies for the purchase of an expensive product from the time then are born until the time they die." As a result, the central part of ObamaCare is UNconstitutional in the 26 states that joined that lawsuit. It is inconceivable that the Supreme Court would leave ObamaCare unconstitutional in 26 states, but in effect in the other 24 states.

The Supreme Court will probably hear oral argument on ObamaCare early next year. A decision would then be expected around the end of June 2012. This may be the biggest Supreme Court decision rendered within months of a presidential election in U.S. history.

Listen to the radio commentary here:

No comments:

Post a Comment

Keep comments short. Long comments will be deleted.