Phia Group Russo & Minchoff

U.S. Supreme Court Majority for Individual Mandate Seems Elusive After Persistent Questioning from “Swing” Justices

cmonfils | April 2, 2012

www.myhealthguide.com

MyHealthGuide Source: Todd Leeuwenburgh, Editor, Employer Health Benefits, Thompson Publishing Group, 3/29/2012, www.Thompson.com

After oral arguments before the U.S. Supreme Court on March 27, it was unclear whether the government’s attorney could obtain the all-important “fifth vote” needed for the government to avoid repeal of President Obama’s attempt to mandate individuals to purchase health insurance.
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Ruling may spur foes to challenge Mass. health law

cmonfils | March 30, 2012

A Supreme Court ruling against President Obama’s landmark health care law could prompt challenges to the Massachusetts law that inspired it, according to legal specialists and activists following the case.

http://www.boston.com/news/nation/articles/2012/03/30/if_national_health_law_falls_massachusettss_law_could_face_challenges/?p1=News_links

How Will the Affordable Care Act Affect You?

cmonfils | March 30, 2012

Monday the Supreme Court began hearing three days of arguments as to the constitutionality of several  provisions of the Affordable Care Act (ACA), passed two years ago this month.

Here are the four key issues the hearing will address:

  • The Anti-Injunction Act: Should the legality of the individual mandate — which requires nearly all Americans without coverage to buy individual health insurance policies or pay a fine – even be considered now? Or must the case be deferred until 2015 because of the 1867 Anti-Injunction Act, which says taxpayers can’t challenge a levy’s legality before they actually pay the tax?
  • http://finance.yahoo.com/news/how-will-the-affordable-care-act-affect-you-.html

    Supreme Court justices challenge Obama administration over health care law

    cmonfils | March 30, 2012

    With President Barack Obama’s landmark health care law in the balance, the divided Supreme Court on Tuesday questioned whether the measure properly regulates commerce or overreaches the Constitution and allows Washington to improperly force Americans to eat their vegetables.

    http://news.yahoo.com/blogs/ticket/supreme-court-justices-challenge-obama-administration-over-health-170042500.html

    The Supreme Court ACA Arguments: Timothy Jost On The Anti-Injunction Act

    cmonfils | March 30, 2012

    The first day of Supreme Court oral arguments on the Affordable Care Act focused on the Anti-Injunction Act (AIA).  This statute, enacted in 1867, provides that “no suit for the purpose of restraining the assessment or collection of any tax shall be maintained in any court by any person, whether or not such person is the person against whom such tax was assessed.” Because the ACA’s minimum coverage requirement (also referred to as the individual mandate) is enforced through a penalty that is assessed under the tax code, it is arguable that the requirement cannot be challenged in court until 2015, when a penalty is first assessed.

    Supreme Court signals it won’t punt on ObamaCare decision

    cmonfils | March 30, 2012

    One thing was clear out of the Supreme Court’s opening session Monday on the federal health care overhaul — the justices are eager to issue a ruling, and unlikely to punt. 

    Employers Monitor Health Care Law Arguments

    cmonfils | March 30, 2012

    The Supreme Court won’t rule on President Obama’s health care case until June. Republicans vow to repeal the law if they win big in November. David Wessel, economics editor of The Wall Street Journal, talks to David Greene about how the ruling could affect doctors, hospitals, employers and consumers.

    First Edition: March 26, 2012

    cmonfils | March 30, 2012

    Today marks the beginning of the Supreme Court’s three days of oral arguments regarding the health law. Headlines break down the key points of those arguments, as well as the political and historical context in which they will be advanced.

    Court Opens Health-Care Debate With Law That May Derail Case

    cmonfils | March 30, 2012

    The U.S. Supreme Court opened today its historic review of President Barack Obama’s health-care law, three days of arguments that might result in the president’s premier legislative achievement being found unconstitutional in the middle of his re-election campaign.

    Later this month, the high court will consider the fate of the health law. Here are key points to keep in mind while watching the action.

    cmonfils | March 27, 2012

    How big is the constitutional challenge to the Obama health care law, which the Supreme Court will hear on March 26-28?

    For starters, it’s big enough for the justices to schedule six hours of arguments — more time than given to any case since 1966. After all, the Affordable Care Act is arguably the most consequential domestic legislation since the creation of Medicare in 1965.

    Supreme Court signals it won’t punt on ObamaCare decision

    cmonfils | March 27, 2012

    One thing was clear out of the Supreme Court’s opening session Monday on the federal health care overhaul — the justices are eager to issue a ruling, and unlikely to punt. 

    The anticipation over how the court might rule on the merits of the law will have to wait another day, as the justices revealed very little about their views during opening arguments. What came out of the day’s 90-minute session — the first of three days covering four unique challenges — is that the justices are poised to decide this year on the constitutional validity of the controversial law. 

    http://www.foxnews.com/politics/2012/03/26/supreme-court-signals-health-care-case-wont-be-held-up-over-technicality/

    A Primer for the Supreme Court PPACA Case

    cmonfils | March 26, 2012

    www.myhealthguide.com

    MyHealthGuide Source: Frederick D. Hunt, Active Past President, Society of Professional Benefit Administrators (SPBA), 3/20/2012, www.SPBATPA.org

    Editor’s Note:  Fred Hunt offers a layman’s explanation of the Supreme Court PPACA case in ways it might be decided, the behind-the-scenes pressures and what would be the practical results for each potential decision outcome.  Oral arguments start March 26.  The decision is expected in June. (more…)

    Looking Ahead to the Supreme Court’s Health Care Reform Hearings (March 26 – 28)

    cmonfils | March 23, 2012

    In three weeks, the U.S. Supreme Court will begin hearing oral argument on the constitutionality of certain provisions of the Patient Protection and Affordable Care Act (“ACA”).  Almost three years to the day after the ACA was enacted, it will become the most significant piece of legislation reviewed by the Court since the Voting Rights Act in the 1960s.   In anticipation of the major news coverage that will surely ensue, this post outlines the legal issues at stake, and takes a look at how the Court’s voting might line up.

    Supreme Court may wait until 2014 to rule on individual mandate

    cmonfils | March 19, 2012

    This summer, the Supreme Court is set to rule on the constitutionality of a provision in the Patient Protection and Affordable Care Act that requires individuals to buy health insurance or pay a tax penalty. Tuesday, the Supreme Court increased the time for next month’s oral arguments from 5.5 hours to six hours, allowing an extra half hour to discuss the Tax Anti-Injunction Act, a law that says courts may not halt a tax that isn’t yet being collected.

    Briefs in Relation to U.S. Supreme Court Consideration of Constitutionality of PPACA

    cmonfils | March 14, 2012

     The U.S. Supreme Court is set to consider the constitutionality of the Patient Protection and Affordable Care Act, setting the stage for one of the Court’s most important decisions in a generation.