In addition to the mandate, the court will also review the
law’s Medicaid expansion. | Reuters
The Supreme Court on Monday announced it will review President Barack Obama’s health reform law, setting the stage for a showdown over his signature legislative accomplishment months ahead of the 2012 election.
The court said it will take the lawsuit brought by 26 states and the National Federation of Independent Business that says Congress exceeded its power by requiring most Americans to buy health insurance starting in 2014.
The justices combined petitions filed by the 26 states, NFIB and the Justice Department to settle several issues of the law. The justices will allow at least four and a half hours of oral arguments to discuss the several issues in the case.
In addition to the mandate, the court will also review the law’s Medicaid expansion, which the states claim is an unlawful coercion by the federal government since they must expand the program or drop out completely.
The justices also will decide whether the federal tax law, the Anti-Injunction Act, bars review of the mandate until at least 2014 and what provisions of the law should be struck if the mandate is found to be unconstitutional.
The states and NFIB want the whole law knocked down, but the federal government argues that only two insurance reforms would have to go.
The decision to take up the issue was not a surprise, since both the Obama administration and the law’s opponents have been pushing for the court to rule on the law as quickly as possible.
But because of the timing, the ruling could come right at the height of the presidential election season — putting the health reform law back in the public spotlight at a critical time. Oral arguments are expected to take place sometime this spring, and a decision is likely in June.
This article first appeared on POLITICO Pro at 10:18 a.m. on November 14, 2011.
Read more: http://www.politico.com/news/stories/1111/68300.html#ixzz1dhRwBgSL