Supreme Court Will Hear Individual Mandate, Medicaid Challenges
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:
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.