The Supreme Court today began a record three-day session to hear oral argument on the constitutionality of President Obama's Patient Protection and Affordable Care Act. In today's 90-minute hearing, the high court considered arguments on the issue of whether it has jurisdiction in the case, or must wait until the law goes into effect and is enforced with penalties after 2014. The justices appeared to favor the view that the Anti-Injunction Act — which bars legal action to impose prior restraint on Congress' power to tax people — does not apply in this case. Widely seen as the main event, Tuesday's arguments will address the Act's so-called "individual mandate" provision, which requires most people to buy health insurance by 2014 or pay a tax penalty. Challengers to the provision, including 26 of the 50 states, claim that the Act violates the Constitution's commerce clause and could lead to a wide range of other requirements. The Obama administration counters that the insurance market is unique because virtually every person will need medical care and those who opt not to purchase insurance disproportionately burden the system. The justices will take up two questions on Wednesday, including whether, if the individual mandate is declared unconstitutional, it can be severed from the rest of the law.
The justices will also consider whether Congress improperly put new burdens on states when it expanded eligibility under Medicaid. A ruling is not expected until June. If the court decides that it does not have jurisdiction pursuant to the Anti-Injunction Act, any action would be set aside at least until 2015.
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