US Supreme Court Agrees to Hear Cases on the Constitutionality of 'ObamaCare'

There is no doubt that this Federal Health Care Legislation is the signature legislative 'accomplishment' of the Obama administration

The US Supreme Court has agreed to consider the constitutionality of the Federal Health Care Act by accepting three of the five requests for review pending before it. It directed issues to be argued and time allotments for each argument. The decisions could be written and opinions released in late June, 2012. This is just before the Fall Presidential campaign. The Court will hear five hours of Argument.

P>WASHINGTON, DC (Catholic Online) - As a member of the Supreme Court Bar, I knew where to go to read the orders released this morning, Monday, November 14, 2011. You can read the entire historic orders here.

In fact, for those who are interested, you can visit the Supreme Court web site here.

Court watchers have been eagerly awaiting the High Court's orders concerning the requests for review of several cases which call into question the constitutionality of the Federal Health Care Law referred to as the "Affordable Care Act".

The wait is over.

The US Supreme Court has agreed to consider the constitutionality of the Federal Health Care Act by accepting three of the five requests for review pending before it. It specifically directed the issues to be argued and the time allotments to be given for each argument.

The Justices will allow five and a half hours of argumentation overall. Some sources indicate that the 5 1/2 hours granted for oral argument is a modern record. Whether that is accurate or not, this is a massive amount of time for Supreme Court argument and reflects the gravity and complexity of the issues involved.

The oral argument time will be allocated among the several issues presented in the three different cases which the Court agreed to hear.

The fact that the Court issued three separate orders today indicates the issues will be heard separately. However, it is likely they will be heard on the same day. The oral arguments will be heard in March.

The decisions could be written and opinions released in late June, 2012. This is just before the Fall Presidential campaign.

There is no doubt that this Federal Health Care Legislation is the signature legislative accomplishment of the Obama administration.

There is also no doubt that the Court's decision to weigh into this controversial political issue during a Presidential election year makes this matter the  hottest policy/political issue since the disputed Florida election results during the Bush/Gore election dispute in 2000.

Central to the entire legislative scheme of what is called by both opponents and supporters "Obamacare" is the so called "individual mandate" requiring Americans to purchase health care insurance or face penalties.

If that mandate is struck down by the Court as unconstitutional, the question is then whether the other provisions of the Act can stand.

Here is a helpful summary of the Orders from the Supreme Court blog authored by Lyle Denniston who has been covering the Court for 52 years:

* Granted, the issue of "severability" of the insurance mandate from the other provisions of the law, if the mandate is nullified (the only question in National Federation of Independent Business v. Sebelius [docket 11-393] and question 3 in Florida, et al., v. Health & Human Services Department [11-400]), cases consolidated for 90 minutes of oral argument.

* Granted, the constitutionality of the insurance mandate (question 1 in the government case, Health & Human Services Department v. Florida, et al.), two hours of oral argument.

* Parties directed to brief and argue whether the lawsuit brought by the states to the insurance mandate is barred by the Anti-Injunction Act (an added question in the government case, 11-398); one hour of oral argument.

* Granted, the constitutionality of the Medicaid expansion (question 1 in the Florida, et al., case, 11-400); one hour of oral argument.

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