Tag Archives: Health Care

Supreme Court Decision on Health Care, Part I

The Supreme Court decision that is scheduled to come out on Thursday about the Health Care Bill will impact Americans immediately and will have a long term effect on how we get medicine and health care.

The decision will also impact certain areas of “commerce.”

A key question is whether the federal government can require most Americans to buy health insurance or pay a fine.

Critics argue that such a mandate is an unconstitutional intrusion on individual freedom.

Supporters of the individual mandate argue that it is the best way for healthcare reform to work.

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The Patient Protection and Affordable Care Act

Clients and friends are asking: When will the Supreme Court make a decision?

The justices did not give notice as to when a decision will be announced.  Perhaps it will be at the end of this term, which is the last week of June.

There has been a great deal of speculation centering on the tone and content of the questions during oral arguments.  Although questions at oral arguments may be indicators of the justices’ views, the tone may be misleading.

For now, we must wait.

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Is the New Health Care Law Unconstitutional?

This week, the Justice Department appealed judge Roger Vinson’s January ruling that declared the new health-care law unconstitutional. The case will now move to the 11th U.S. Circuit Court of Appeals in Atlanta.
Vinson voided the law in January but stayed his ruling last week, conditioned upon the Obama administration’s appealing it within seven days. He also required the government to seek expedited appellate review.

Two other federal appeals courts, in Richmond, Va., and Cincinnati, are preparing to consider the constitutionality of the law late this spring. To date, three lower courts have found the law constitutional, while two have ruled the other way.

Do you think the law is unconstitutional? Please provide sound legal arguments for why or why not – not just opinion.

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