Supreme Court Will Hear Individual Mandate, Medicaid Challenges
11/15/11
By Hadley Heath
The Supreme Court has announced that it will grant cert to the case involving Florida and 25 other states and the NFIB.
From their order:
CERTIORARI GRANTED...
NAT. FED'N INDEP. BUSINESS V. SEBELIUS, SEC. OF H&HS, ET AL., FLORIDA, ET AL. V. DEPT. OF H&HS, ET AL.
The petition for a writ of certiorari in [NFIB's petition] is granted. The petition for a writ of certiorari in [Florida's petition] is granted limited to the issue of severability presented by Question 3 of the petition. The cases are consolidated and a total of 90 minutes is allotted for oral argument.
DEPT. OF H&HS, ET AL. V. FLORIDA, ET AL.
The petition for a writ of certiorari is granted. In addition to Question 1 presented by the petition, the parties are directed to brief and argue the following question: "Whether the suit brought by respondents to challenge the minimum coverage provision of the Patient Protection and Affordable Care Act is barred by the Anti-Injunction Act, 26 U.S.C. §7421(a)." A total of two hours is allotted for oral argument on Question 1. One hour is allotted for oral argument on the additional question.
FLORIDA, ET AL. V. DEPT. OF H&HS, ET AL.
The petition for a writ of certiorari is granted limited to Question 1 presented by the petition.
This translates to five and half hours of oral argument, divided as follows:
- 2 hours - Whether the individual mandate is a Constitutional exercise of federal power
- 1 hour - Whether challenges to the individual mandate are barred by the Anti-Injunction Act
- 90 minutes - Whether the individual mandate is severable from other parts of the Act
- 1 hour - Whether the Medicaid expansion is Constitutional.
This is shaping up to be the biggest case in recent history, and will have far-reaching implications for Commerce Clause jurisprudence, for Federalism, and for individual freedom in our country. Oral arguments will happen this spring; a decision will be reached by summer 2012.
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