The Supreme Court is set to hear three days of arguments next week over challenges to the health reform law President Obama signed two years ago. Here's a viewer's guide from The PBS Hews Hour as well at a summary by Jeffery Toobin of The New Yorker.
Watch A Viewer's Guide to Supreme Court Arguments on Health Care on PBS. See more from PBS NewsHour.
Toobin:
The legal challenges to ACA, which the Supreme Court will hear next week, center on its key provision, the individual mandate. The mandate essentially requires all adults to obtain health insurance, either through their employers or by buying it themselves. (There will be subsidies for those who cannot afford it.) The idea of a health-insurance mandate first came to wide public notice in 1989, in the form of a proposal from the Heritage Foundation, one of Washington’s venerable right-wing think tanks.... For decades, no one suggested that an individual mandate was unconstitutional.
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The main argument that opponents of the health-care law have come up with is that the mandate regulates economic inactivity—i.e., not buying insurance—and the Commerce Clause allows only the regulation of economic activity. In the first appellate review of the law, last summer, the Sixth Circuit demolished that argument. The court pointed out that there are two unique characteristics of the market for health care: “(1) virtually everyone requires health care services at some unpredictable point; and (2) individuals receive health care services regardless of ability to pay.” Thus, there was no such thing as “inactivity” in the health-care market; everyone participates, even if he or she chooses not to buy insurance. Indeed, the choice to forgo insurance imposes a direct cost on the taxpayers, who wind up footing the bill. Those choices by consumers, especially in the aggregate, represent an economic matter that Congress may decide to regulate.












