Executive Summary: The U.S. Supreme Court has announced the dates for oral argument in the lawsuits challenging the validity of the 2010 Patient Protection and Affordable Care Act (PPACA). The Court will hear five and one-half hours of oral arguments over March 26-28, 2012.
- On March 26 the Court will hear arguments on whether the Anti-Injunction Act bars the lawsuit challenging the Act's individual mandate provision until the individual mandate goes into effect in 2014. The Court has allocated one hour for this argument.
- On March 27, the Court will hear arguments on whether Congress had the power under Article 1 of the Constitution to enact the individual mandate provision. The Court has allocated two hours for this argument.
- On March 28, the Court will hear arguments on whether, if the individual mandate provision is unconstitutional, the entire PPACA must be invalidated because the individual mandate provision is not severable from the remainder of the Act. The Court has allocated 90 minutes for this argument.
- On March 28, the Court will also hear arguments on whether Congress exceeded its powers and acted coercively by requiring states to expand Medicaid coverage or lose federal funding for Medicaid programs. The Court has allocated one hour for this argument.
On November 14, 2011, the Court agreed to review the Eleventh Circuit's decision in HHS v. Florida holding that Congress exceeded its Constitutional power when it enacted the individual mandate provision of the PPACA and that this provision is severable from the remainder of the Act. For a discussion of the Eleventh Circuit's decision, please see our August 18, 2011 Legal Alert, Eleventh Circuit Finds Individual Mandate Provision of Health Care Reform Law Unconstitutional, available at http://www.fordharrison.com/shownews.aspx?show=7510.
We will continue to keep you updated on the status of the lawsuits challenging the PPACA. If you have any questions regarding this Legal Alert or other labor or employment related issues, please contact the Ford & Harrison attorney with whom you usually work.