Tuesday, November 15, 2011

Supreme Court will hear case on Obamacare and individual mandate in March 2012

The Supreme Court will take up Obama’s health care reform, particularly the individual mandate, probably in March 2012, with a ruling by June, not long before the conventions for the 2012 presidential race. 
The Boston Globe has a typical story by Sarah Schweitzer here .

The Court will probably focus on whether Congress overreached the extent of the Commerce Clause (by requiring a form of trade with a privately owned health care market), but the Obama administration will argue that almost everyone uses health care at some time in his life, and that it is something like national security, a public good. 

The Court could give guidelines and suggest narrower ways to encourage people to buy health insurance. 

The 11th Circuit in Atlanta had struck down the individual mandate in August. 

Earlier, the 6th Circuit had upheld constitutionality of the mandate.

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