The current Justices of the Supreme Court. Back row (left to right): Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito, and Elena Kagan. Front row (left to right): Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony Kennedy, and Ruth Bader Ginsburg.
The Supreme Court announced on Monday that it would be reviewing President Obama’s health care bill and rule on its constitutionality next year.
The law, known as the Affordable Care Act and nicknamed ‘ObamaCare’ by many in the Republican Party, would extend coverage to approximately 32 million Americans who currently do not hold any health insurance.
The most controversial issue at the center of the bill is the ‘individual mandate’, which would compel most Americans to either buy health insurance or incur a penalty. The penalty would be collected through tax returns. The Supreme Court will need to decide whether requiring citizens to either purchase health care or pay a penalty falls within the remit of Congress.
Four courts of appeals were asked to rule on the Affordable Care Act in the past few months. A week ago, the United States Court of Appeals for the District of Columbia Circuit in Washington decided to uphold the mandate, as did a court in Cincinnati a few weeks ago. A federal appeals court in Atlanta struck the mandate down, because it found Congress had gone beyond its authority, while the appellate court in Richmond, Va., decided it could not rule on the act until after the reform had come into effect.
During his campaign in 2008, Barack Obama was clear that Americans should not be forced to take out health insurance. However, according to Ezekiel J. Emanuel, who acted as a health policy adviser for Mr. Obama, the president was shown that, without a mandate, coverage would only be extended to 16 million people, while requiring a massive 75 percent of the total funds needed to cover the full 32 million individuals currently without insurance. President Obama’s mind was made up.
Although the court consists of five Republican-appointed and four Democrat-appointed justices, the result of the ruling is far from certain. Elizabeth Wydra, the chief counsel of the Constitutional Accountability Center explains that, “As we’ve seen with several prominent conservative judges in the federal appeals courts, simply because a judge or justice may be identified as a conservative does not dictate the result of the case.”
Should the Supreme Court decide to strike down Barack Obama’s health care overhaul in its entirety, this would constitute a severe blow to the current administration. If, however, the court only strikes down the individual mandate provision, the Obama team would have to result to Plan B. The administration’s alternative plan would expand Medicaid to include a greater number of low-income Americans. In addition, Medicare suppliers, such as drug companies and hospitals, would have to accept lower
fees for their services.
House Majority Leader and Representative Eric Cantor (R-VA-7th District).
Of course, like the appeals court in Richmond, Va., the Supreme Court could also decide to delay any ruling until after the legislation has come into effect.
Whatever the outcome, House Majority Leader Eric Cantor (R-Va.) believes the court’s decision to review the law “is a positive signal that there are legitimate concerns surrounding the constitutional aspects of mandating that individuals purchase health care insurance and purchase it according to Washington’s guidelines.”
Ultimately, the court’s decision will be a judgment on whether Congress’s power to regulate interstate commerce should be curbed.