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(from BBC News, bbb.co.uk) – The White House has asked the Supreme Court to uphold its healthcare law [called the Affordable Care Act, sometimes referred to as Obamacare], inviting a possible high-stakes legal showdown just before the 2012 election.
The administration’s move came after a challenge to the reform from 26 states and a small business [group, The National Federation of Independent Business]. The Obama administration, the states and the business group all filed separate briefs with the Supreme Court.
The justice department asked the Supreme Court to declare the law’s key provision, requiring everyone to buy health insurance, constitutional.
The legislation extended health coverage to an extra 32 million people.
Passed in 2010, the Affordable Care Act was a long-held dream of Democrats.
Challenge ‘will fail’
The White House’s move on Wednesday followed an August decision by the 11th Circuit appeals court, in Atlanta, that the individual insurance mandate exceeded Congress’ powers.
While the court said the remainder of the law was constitutional, it struck down its core requirement that Americans who can afford it must buy health insurance or pay a penalty from 2014.
The case was brought by 26 Republican attorneys general and governors, and small business owners, who oppose a provision forcing them to cover their employees’ healthcare at a level set by the government.
The justice department said in a statement on Wednesday: “Throughout history, there have been similar challenges to other landmark legislation such as the Social Security Act, the Civil Rights Act and the Voting Rights Act, and all of those challenges failed.
“We believe the challenges to the Affordable Care Act – like the one in the 11th Circuit – will also ultimately fail and that the Supreme Court will uphold the law.”
The healthcare law’s Republican opponents want to repeal it in the courts, contending that the government cannot force people to buy health insurance. …..
If the Supreme Court takes the case, as seems inevitable, a ruling would be expected next June, weeks before the nominating conventions in the run-up to November 2012’s presidential elections.
Correspondents say the case would thrust the law – derided by Republicans as “Obamacare” – to the forefront of the election campaign.
Reprinted here for educational purposes only. May not be reproduced on other websites without permission from BBC News. Visit the website at bbc.co.uk.
Questions
1. What three separate groups have appealed to the Supreme Court regarding the recently passed health care law?
2. What has the Obama administration, through the U.S. Justice Department, asked the Supreme Court to do?
3. Why has the Justice Department made this appeal to the Supreme Court?
4. On what grounds do 26 state attorneys general, and the business organization oppose the law?
5. a) Do you think the government should be able to force people to buy health insurance? Explain your answer.
b) Should the government be able to force companies (regardless of their size) to provide health insurance for their employees, and to pay a percentage set by the government toward that insurance for their employees? Explain your answer.
Background
On the Supreme Court from BensGuide.gpo.gov:
- Approximately 7,500 cases are sent to the Supreme Court each year. Out of these, only 80 to 100 are actually heard by the Supreme Court. When a case comes to the Supreme Court, several things happen. First, the Justices decide if a case is worthy of being brought before the Court. In other words, does the case really involve Constitutional or federal law? Secondly, a Supreme Court ruling can affect the outcome of hundreds or even thousands of cases in lower courts around the country. Therefore, the Court tries to use this enormous power only when a case presents a pressing constitutional issue. …
- The Supreme Court convenes the first Monday in October. It stays in session usually until late June of the next year. When they are not hearing cases, the Justices do legal research and write opinions. On Fridays, they meet in private (in “conference”) to discuss cases they’ve heard and to vote on them. …
- Most cases do not start in the Supreme Court. Usually cases are first brought in front of lower (state or federal) courts. Each disputing party is made up of a petitioner and a respondent.
- Once the lower court makes a decisions, if the losing party does not think that justice was served, s/he may appeal the case, or bring it to a higher court. In the state court system, these higher courts are called appellate courts. In the federal court system, the lower courts are called United States District Courts and the higher courts are called United States Courts of Appeals.
- If the higher court’s ruling disagrees with the lower court’s ruling, the original decision is overturned. If the higher court’s ruling agrees with the lower court’s decision, then the losing party may ask that the case be taken to the Supreme Court. But … only cases involving federal or Constitutional law are brought to the highest court in the land.
U.S. ATTORNEY GENERAL:
The attorney general is head of the U.S. Justice Department and chief law officer of the federal government. He represents the U.S. in legal matters generally and gives advice and opinions to the president and to other heads of executive departments as requested. In cases of exceptional gravity or special importance, the attorney general may appear in person before the U.S. Supreme Court to represent the interests of the government. As head of the Justice Department, the attorney general is charged with enforcing federal laws, furnishing legal counsel in federal cases, construing the laws under which other executive departments act, supervising federal penal institutions, and investigating violations of federal laws. (from the Legal Dictionary)
STATE ATTORNEYS GENERAL:
State attorneys general possess many of the same powers and responsibilities as their counterpart in the federal government. A state attorney general’s office is typically a part of the executive branch of the state government. He or she is generally entrusted with the duties of prosecuting suits and proceedings involving state government and advising the governor and other administrative officers of the state government. Many state statutes also establish the state attorney general as the official legal advisor or representative of various departments and agencies. (from the Legal Dictionary)
THE U.S. JUSTICE DEPARTMENT:
The United States Department of Justice (often referred to as the Justice Department or DOJ), is the U.S. federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries. The Department is led by the Attorney General, who is nominated by the President and confirmed by the Senate and is a member of the Cabinet. The current Attorney General is Eric Holder. (from wikipedia)
Resources
Read more about the cases accepted by the Supreme Court for 2011-12 at SupremeCourtUS.gov.
Visit the National Federation of Independent Business at nfib.com.
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