Patient Affordable Care Act

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Patient Protection and Affordable Care Act
Aka “Obamacare” Court Hearings

As of this February

 http://www.nytimes.com/interactive/2012/03/13/us/politics/p

resident-obamas-approval-rating-drops.html?ref=politics

An article today
 Cited a Rasmussen Reports poll that found 61% of

Americans believe the Supreme Court will overthrow PPACA because of rationing and abortion funding.
 http://www.lifenews.com/2012/04/02/new-high-61-see-

repeal-of-obamacare-law-as-likely/

On the other hand
 Today Obama announce his confidence that the Supreme

Court will NOT overturn PPACA.  “We are confident that this will be upheld because it should be upheld”  “The reason is because in accordance with precedent out there, it’s constitutional,” Obama said. “That’s not just my opinion, by the way. That’s the opinion of legal experts across the ideological spectrum, including two very conservative appellate court justices who said this wasn’t even a close case.”
 http://www.lifenews.com/2012/04/02/obama-supreme-

List of Groups suing
 Belmont Abbey College v. Sebelius  Colorado Christian University v. Sebelius  Eternal Word Television Network v. Sebelius  Priests for Life v. Sebelius  Louisiana College v. Sebelius  Ave Maria University v. Sebelius  Geneva College v. Sebelius  Bruning v. Sebelius  O’Brien v. Sebelius
 http://www.priestsforlife.org/hhsmandate/hhs-

lawsuits.pdf

3 days of Court Hearings
 Four issues to be discussed:
1. Is the individual mandate constitutional? 2. Is the mandate severable from the rest of PPACA? 3. Is the Medicaid expansion constitutional? 4. Does the Anti-Injunction Act apply to this case? 1. If the court decides the AIA applies, then the court will not be allowed to make a decision about the individual mandate and severability issues for several years. 2. Basically the penalty system in the act will count as a tax and the constitutionality of this will not be able to be decided until several years.

http://www.lifenews.com/2012/03/26/supreme-court-andobamacare-day-one-of-the-hearings/

Starting with Friday March 23rd
 There were more than 140 rallies with 54,000 people

across the nation.  The people at these rallies were protesting against the HHS mandate that require religious groups to pay for birth control and abortion inducing drugs

 http://www.lifenews.com/2012/03/26/more-than-54000-

rally-against-obama-hhs-mandate-on-friday/

March 26th- First days of hearings
 The court heard two hours of oral arguments about the

constitutionality of the individual mandate.  The main focus is Congress’s power and the Commerce Clause.  This mandate is the first that Congress requires American citizens to purchase a product just because they are American  Usually Congress provides incentives to purchase a product but does not require one to do so  EX Cash for Clunkers- Sold old car to gov’t to get money for a new one but no one was forced to do this.

Mean while among the average American
 Live Action, Students for Life of America,

and other pro-life groups flocked the steps of the Supreme Court to show their opinions on the PPACA  Planned Parenthood rallied the troops as well and encouraged their supporters “to show their support for women’s health care and health care reform.”

 Pro-life students with ripped sheets of PACA

 David Bereit of 40 Days for Life, Pay Mahoney of the Christian

Defense Coalition and Kristan Hawkins of Students for Life.

 Pro-life VS Pro-Choice groups

 My personal

favorite  Found at: http://www.lifenew s.com/2012/03/27 /pro-life-studentsrip-obamacarepages-insupreme-courtprotest/

After the first day of hearings
 In general, the justices of the Supreme Court seem

skeptical about the mandates constitutionality.  Judge Anthony Kennedy called the mandate “skeptical” and said that the law “changes the relationship between the individual and the government in a very fundamental way.”
 He is a potential swing vote- sometimes he has sided with

pro-life advocates but he also favors Roe
 Chief Justice John Roberts said that the government will

have unlimited power if the mandate is upheld  Judge Samuel Alito compared the mandate to forcing everyone to purchase burial insurance
 http://www.lifenews.com/2012/03/27/supreme-court-

appears-ready-to-throw-out-obamacare-law/

March 27th
 http://www.supremecourt.gov/oral_arguments/arg

ument_transcripts/11-398-Tuesday.pdf

March 28th
 This day the court heard oral arguments about

severability
 Basically if the mandate is found unconstitutional,

should all of PPACA be scrapped or should the mandate be revised.
 Justice Kagan: it’s “a choice between a wrecking

operation, …or a salvage job. And the more conservative approach would be salvage rather than throwing out everything.”
 http://www.lifenews.com/2012/03/28/supreme-

court-completes-hearings-strike-all-or-part-ofobamacare/

Now what?
 We wait….

 The court will announce it’s decision sometime in

late June

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