Us supreme court court room

U.S. Supreme Court takes on "Obama Care"

By lberezin

  • Anit-Injunction Act Issue

    Anit-Injunction Act Issue
    Scoreboard: Tracking Health Law Court Challenges- The Anti Injunction Act; The CA for the 4th Circuit & one judge on a DC Circuit panel ruled in separate cases the Anti-Injunction Act bars review of ACA suits. AIA prohibits suits challenging taxes before the taxes have been applied.

  • The Individual Mandate issue | Commerce Clause

    The Individual Mandate issue | Commerce Clause
    U.S. v. Comstock; Gonzales v. Raich;U.S. v. Morrison; U.S. v. Lopez;Did Congress exceed its constitutional powers to regulate interstate commerce and to levy taxes when it adopted the so-called "individual mandate" at the heart of the health care lawThat provision would require millions of people starting in 2014 to buy commercial health insurance policies or pay financial penalties for failing to do so.

  • Severability Issue

    Severability Issue
    If the Justices decide the individual mandate is unconstitutional, the next question is: Can the mandate be severed from the law or must the whole law fall?

  • The Coercion Issue

    The Coercion Issue
    South Dakota v. Dole-26-state attorneys general challenge the ACA's provisions expanding the federal-state Medicaid program providing health care for the poor and disabled. They claim that Congress exceeded its authority under the Constitution's spending clause. They risk losing all federal Medicaid funds if they do not participate — an unconstitutional condition that coerces them into participating, they argue.