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Today the Supreme Court will hear the first in three days of arguments from representatives of 26 states, a business group and individual parties who claim that the health care reform legislation signed into law 2 years ago by President Obama is unconstitutional.
A major point of dispute in the legislation is an individual health insurance mandate, that will require everyone to obtain individual health insurance or face a tax penalty for failing to do so, starting in 2014.
However, the Anti-Injunction Act, written in the 19th century, disallows challenging a tax until the fee for it is actually due. If the Supreme Court cites the Anti-Injunction Act as a precedent, the challenge to this particular piece of the Patient Protection and Affordable Care Act may not be heard until April 15, 2015, when the first penalties would be due.
Although, the root issue around this case is whether an individual health insurance mandate is even constitutional. Opponents of the law are saying there has never been a requirement to purchase a product or service before and that allowing it would lead to increased government intrusion in people’s lives.
If the Supreme Court decides that the individual health insurance mandate is unconstitutional, the next issue is if any other pieces of the health reform laws can stand on their own, since they were created on the principle that individual mandate was legal.
The health care industry is set to change soon, but any decisions might not take effect for months or years while millions of Americans are looking for affordable health insurance now.
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