Keywords or Terms: US Supreme
Court; Docket Number; Constitutionality; PPACA; US Department of Justice; Virginia; Florida;
NFIB; Liberty University; Katherine Hayes; Sara Rosenbaum
The nation’s highest court of law will be reconvening this
week and it is expected that ruling over the issue of the constitutionality of
the health care reform law may end up on its docket. Records show there are
other cases, about forty-nine on the US Supreme’s Court docket in the current
session; but not the constitutionality clash over the PPACA. Legal experts
insist though that the high court will not shy away from hearing this case in
the current session, as several rulings from other districts and appeal courts
have created close to a pandemonium over the issue of the constitutionality of
the law. Thus, we must anticipate arguments from attorneys on both sides of the
case before the nine-member judgeship court in this session. The blog today
contemplates the real and the preconceived notion of the constitutionality of
the Patients Protection and Affordable Care Act.
The issue of a mandate in the law, whether or not our
government can require everyone to buy health care insurance is high on the
consideration of the constitutionality of the law. The argument for
constitutionality of a mandate in the law has been successful in some district
courts of appeals while it has failed in others. Some States attorney generals
have recruited top litigants to represent their position before the Supreme
Court. Likewise, U.S. Department of Justice has developed a core team of their
bests to prepare against the onslaught on the law from various interest groups.
Arguments that will ensue before the nine-member high court will shine light on
the power of congress to make laws and the executive branch to sign into law, bills
that have been debated and voted on before congress, even when some provisions
in the bills may be controversial. Given that the current criticism over the mandate
provisions of the law has been a lightening rod issue between the left and the
right, very few will argue that the politicization of debates over the
constitutionality of the law may drive the high court to consider the issue now
in current session, though the case has not been listed in the Supreme Court’s
docket.
The commitment from congress probably led to the issue of inclusiveness
of many people in the health care reform law. Opponents of the law however, see
the same concept of inclusiveness as bases for procedural errors in the way the
law was passed; and a few of these opponents call to question the
constitutionality argument for the inclusiveness doctrine associated with the
law’s mandate. The provisions in the law have been subjected to antagonism from private citizens, universities, state and federal
lawmakers. Attorney General from the State of Virginia has argued that the Patient
Protection and Affordable Care Act is an unlawful exercise of congressional
authority as it violates the State’s sovereignty clause and invalidates the
compulsion of individuals from the state to buy health care insurance. Twenty-six
states led by the State of Florida, the National Federation of Independent
Businesses (NFIB), and two citizens, argue that in addition to the mandate
provisions of the law, the law is in error with respect to the associated tax
penalty for not carrying health insurance, establishment of state health insurance
exchanges and responsibility of employers to provide coverage or subsidize
coverage for their workers, if employing a minimize number of employees.
The inclusiveness doctrine espoused in the law through the
mandate provisions was called into question in the Liberty
University and Thomas More
Law Center’s
suit settled by the court; the courts vehemently ruled that the individual
mandate of the law is constitutional. The contested provisions in the law with
respect to mandate issue were found to be preconceived, even though plaintiffs in
the case had legal standing. The provisions are expected to come into effect in
2013; notwithstanding though, the court had issues with the financial
obligation that the plaintiffs and citizens will carry come that date. In the
case of the Florida et. al v. Sibelius, Federal District Judge Roger Vinson dismissed
four of the six counts in contest and allowed for hearing, the remaining two
counts which had to do with congressional authority under the commerce law and whether
the Medicaid requirements is in violation of state’s sovereignty.
In a November 2010 article, Katherine Hayes and Sara
Rosenbaum, succinctly dissected the challenge to congressional power with
regard to congress’s powers to regulate interstate commerce, highlighting the
relevance of the First, Fifth and Tenth amendments to the whole debate regarding
whether states may act on any issue that impacts their citizens except congress
prevents them from doing likewise. As defined in their article, here are the
constitutional issues at stake:
1)
Federal Authority to Regulate Interstate Commerce: The Constitution gives Congress the
power to “regulate commerce with foreign Nations, and among the several States,
and with the Indian Tribes.” The majority of the cases charge that Congress
exceeded its authority under the commerce clause in enacting the individual
requirement to maintain health insurance coverage.
2)
Federal Authority to Tax and Spend: Article I, Section 8 of the Constitution gives Congress the
authority to “lay and collect Taxes, Duties, Imposts and Excises, to pay the
Debts and provide for the common Defense and general welfare of the United States.”
Article I, Section 2, clause 2, requires direct taxes to be “apportioned among
the states.”
3)
The First Amendment: The
First Amendment prohibits Congress from enacting any law “respecting an
establishment of religion,” or “prohibiting the free exercise thereof….”
4)
The Fifth Amendment:
The Fifth Amendment to the Constitution states that “No person shall be …
deprived of life, liberty, or property without due process of law.”
5)
The Tenth Amendment: The Tenth Amendment provides that the
“powers not delegated to the United States by the Constitution, nor prohibited
by it to the States, are reserved to the States respectively, or to the
people.”
When the Supreme court asses a law for its constitutionality, they are usually sensitive to the motive of congress or their intention as to the meaning of the provisions in the law. On a constitutional level, determination are made in suits before the court to correct for mistake where there is the possibility of erroneous danger to the public and or, invalidation of constitutional provisions with respect to the application of the law. More often however, the Nine-judge seating court, simply rule either way, in support or against the constitutionality of the law. Where the judges are generally convinced that their decisions in support or against the constitutionality of the law are rational, either still votes his conscience or position on the critical provisions. Judges are generally convinced that their votes indicate their understanding of the constitutionality of the provisions in the law; or, where the constitution stands on raised issues of merit. In reality, a substantial number of decisions from the high court are based on facts and evidence presented by the prosecutor and defending attorneys. When the Judges sense some danger in the arguments advanced by either supporting or defending attorneys, the judges are generally cautious of their ruling.
The kind of preconceived emotional arguments from either camp on politically charged issues hardly sways these judges. Seasoned attorneys before the supreme court have learned to trust the instincts of the judges by rummaging through their past decisions on high button politically charged cases similar to the one at hand before the high court. Being cautious of past rulings and stance of the individual judge on Supreme Court's bench is how the best of attorneys, or representing attorneys, predict the possibility of a judge ruling in their favor. Seasoned attorneys trust that the judges will rule in a pattern symptomatic of their legal biases; although each is willing to evaluate the merits and argument presented by attorneys before their court, afresh. So, where do the lucks of the pro- and anti-Patients Protection and Affordable Care Act groups stand? No one can tell, until the case is brought before the Supreme Court, arguments presented from both end of the spectrum and the judges hand down a decision. For those in a hurry, maybe it will be wise to wait until the case(s) get a Supreme Court docket number in the current session!
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