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Why Supreme Court's Look at ObamaCare Surprises

SCOTUS allots 5.5 hours for oral arguments, will examine Medicaid portion

By Evann Gastaldo,  Newser Staff

Posted Nov 15, 2011 7:43 AM CST

(Newser) – That the Supreme Court decided to hear a challenge to ObamaCare's individual mandate is not too shocking. But, as Politico reports, a number of aspects of the court's decision are surprising—and historic. The court will hear 5.5 hours of oral arguments in March, which Politico calls "an unprecedented amount of time in the court’s modern history." Also unexpected is the fact that, in addition to the individual mandate, the court will look at three other parts of the law, including the expansion of Medicaid—which, opponents say, is unconstitutional since Medicaid is a state-run program.

"The Medicaid issue has the potential to dwarf the individual mandate in its importance," says a former solicitor general, noting that if the planned changes to the state-run program are found to be "constitutionally coercive," it would "call into question the government’s use of the spending power across a wide range of activities." And Politico notes that the court might ultimately sidestep the challenge to the individual mandate altogether. Among the three additional issues it will consider: whether any ruling on the individual mandate must wait until at least 2015, after people without insurance would have paid a tax penalty.

In this May 3, 2011 file photo, the Supreme Court is seen in Washington.
In this May 3, 2011 file photo, the Supreme Court is seen in Washington.   (AP Photo/Alex Brandon, File)
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COMMENTS
Showing 3 of 13 comments
WallyEFunk
Nov 15, 2011 1:20 PM CST
Is there really a Democrat or Republican president during their term, that didn't improve or suggest a universal heath care system, in say the past 20 years.
Deleted
Nov 15, 2011 8:40 AM CST
Wow !!!  The Supreme Court members are willing to listen to 5 1/2 hours of testimony with their precious time to decide the future of health care in the United States.  Surely, they will all win a Nobel Prize for sacrifice.  I wish I had even an ounce of faith they will do the right thing.  But after their disastrous 2005 ruling on eminent domain which absolutely trashed the rights of individuals, I have little faith in that institution.
Barack_Must_Go
Nov 15, 2011 8:20 AM CST
The Supremes have already decided how they are going to rule in this matter of The United States of America v the foreign muslim interloper turned full blown ' Racist Reparationist '.  They are going to deem it overreaching on every level and in it's entirety,,,, throwing it back to the individual 57 states to decide for themselves what works best for their citizenry, budgets, etc.  The ___ clown doesn't have one of those ( surgeon removed simply for the cash legs to stand on ) as he has been touting how wonderfully RomnyCare has been working for Massachusettes without any Obama Socialist regime intervention at all.  One would think, with Obama being a black man, he'd be a tad bit more sensitive to the fact that ' one size ( obamacare ) does NOT fit all. See you in court, B.
 

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