Health Care Reform To Go Before High Court

The task of passing health care reform was monumental, both in scope and political resolve. Now it looks like that legacy will ultimately be decided by the nation’s top court, putting into the spotlight once again the bills’ supporters and detractors.

The Supreme Court agreed to hear a challenge to the constitutionality of the Affordable Care Act and review a decision by the 11th Circuit Court of Appeals that struck the law as too big an exercise of congressional power. The decision to review the law was largely expected after the court received five petitions, including one from the Obama administration, asking for such review.

But the scope of the review is remarkable. To begin with, the Court agreed to grant a whopping five and a half hours of argument on the merits of the law. Of the issues the court will hear argument on, two are expected to draw the greatest attention.

The first will look at whether or not the individual mandate–the requirement that all Americans purchase some form of health insurance or pay a fine–is an unconstitutional exercise of congressional spending and taxing power. The mandate is arguable the least popular provision of the bill and has so far been the most challenged.

The court will also look at whether or not the rest of the law can survive should it rule the individual mandate unconstitutional. And last but definitely not least, the court will examine the expansion of Medicaid under the bill and decide if the federal government can coerce state action by offering up deals that are essentially too good for states to pass up.

The decision will be historic, regardless of the outcome. And regardless of political beliefs, there can be little argument that the health insurance system in this country needs significant reform. Perhaps the Affordable Care Act is not the best mechanism, or perhaps it is. But as we watch the developments of this case and regardless of the outcome, the attorneys at Lord & Faris will continue to fight for your rights in the face of insurance giants. If you or a loved one has been hurt and are having problems accessing benefits, contact us. You do not need to take the insurance industry on by yourself.

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