Tuesday, March 27, 2012

ObamaCare & SCOTUS Day 1 - By Net Right Daily

The oral arguments for day 1 of the ObamaCare Supreme Court hearing have come to a close.

Here is some background on the lawyer’s going in front of SCOTUS on ObamaCare today (H/T Politico):

POLITICO’s Josh Gerstein reports from inside the Supreme Court that three lawyers are expected to make arguments before the court today. Robert Long, a court-appointed amicus attorney, will argue that mandate-related cases are barred by an 1867 provision in tax law that requires taxes to actually come into effect before they can be challenged. Don Verrilli, the Solicitor General representing the administration, and Greg Katsas, attorney for the 26 state lawsuit against the law, will both argue opposing Long’s contention.

Ilya Shapiro over at Cato gives us some good insight as to the arguments that SCOTUS will hear this week:

Whether the challenge to the individual mandate is barred by the Anti-Injunction Act. –- 90 minutes on Monday – op-ed and brief.

Whether Congress has the power to enact the individual mandate. –- 2 hours on Tuesday – op-ed and brief.

Whether and to what extent the mandate, if unconstitutional, is severable from the rest of the law. –- 90 minutes — op-ed (with Richard Epstein and Mario Loyola) and brief.

Whether the new conditions on all federal Medicaid funding (expanding eligibility, greater coverage, etc.) constitute an unconstitutional coercion of the states. – 1 hour — brief.

Below is the transcript of today’s SOCTUS proceedings:
Obamacare Scotus Day 1 Transcript

No comments: