The constitutionality of the US Patient Protection and Affordable Care Act is currently being debated in the US Supreme Court. The widely publicised case started in the Supreme Court on Monday 26 March with arguments running over three days. The proposed law would require almost all Americans to purchase health insurance and extend healthcare to more than 30 million people who now lack it. The politically charged decision will have repercussions for not only the Obama administration, but also the public’s trust in the political independence of the judiciary. The Irish Times noted a Bloomberg opinion poll in which it was found that three-quarters of Americans believe the court will be influenced by political opinion.
On Monday the court was scheduled to go through procedural arguments on whether or not it can rule on the Act’s constitutionality now or wait until it comes into force in 2014. On 27 March, arguments were to be heard on whether the obligation to be placed upon individuals to buy health insurance falls under the ‘commerce clause’ in Article 1 of the US Constitution. This Article allows Congress to make laws to regulate commerce among the states. The basis of much opposition to the Act is based upon the argument that it would in fact force citizens to ‘enter into commerce’. Wednesday’s arguments will focus upon states participation in Medicaid, the US Health Programme for low-income families and on whether the court can strike down the individual mandate and retain the rest of the Act or whether it must accept all or nothing.
A decision is expected by late June.
Click here to read an article by the Guardian.
Click here to read an Irish Times article on the case.