Day 1 HCR Supreme Court–Court Decides to Continue Forward

Supreme Court signals health care case won’t be held up over  technicality

Published March 26, 2012 | FoxNews.com

Supreme  Court justices signaled Monday that the landmark case over the federal  health care law will probably not be held up over a technicality.

That technicality was the focus of the opening round of hearings Monday. The  issue before the judges was whether an obscure 1867 tax law prohibits lawsuits,  like the ones challenging the health care law, from going forward until someone  actually pays the insurance tax penalty — the penalty for not buying health  insurance, as required under the law.

If the justices decided the 1867 law applies here, opponents might have to  wait until early 2015, when the IRS collects its first payments from uninsured  taxpayers, to formally challenge the law.

But all parties in this case happen to agree, albeit for different reasons,  that the law doesn’t preclude the Supreme Court from moving forward.

And from the outset of arguments the justices appeared to be on the same  page, as the first day of hearings wrapped up Monday around noon — though  little was said about the propriety of the health care law itself.

The justices disputed the notion that the insurance penalty is tantamount to  a tax and therefore subject to that 1867 provision.

“This is not attached to a tax,” said Justice Stephen  Breyer.

Pressing the matter further, Justice Ruth Bader Ginsburg said the purpose of  the fine for non-compliance is to get people to leave the ranks of the  uninsured. “This is not a revenue raising measure. If it’s successful, no  revenue will be raised,” she said.

Attorney Robert Long was assigned to defend the provision at issue in  Monday’s hearing.

Justice Sonia Sotomayor at one point asked Long a question about what “parade  of horribles” would follow if the Court allowed the suits to proceed. Not  finding Long’s response satisfactory, Justice Antonin Scalia interrupted to say  there would be no such parade and that Long would be unable to answer the  question.

After the 90-minute opening hearing, some observers felt the Court would  ultimately be unanimous in ruling that the health law challenges before them  Tuesday and Wednesday should go forward.

The justices heard arguments as demonstrators from both sides gathered  outside the courthouse in Washington, D.C.

The second day of hearings on Tuesday will be devoted to the most prominent  dispute over the health care law — whether it is constitutional for the federal  government to require Americans to buy health insurance.

Click here for full coverage of the ObamaCare  hearings.

Fox News’ Lee Ross and Jake Gibson contributed to this  report.

Read more: http://www.foxnews.com/politics/2012/03/26/supreme-court-signals-health-care-case-wont-be-held-up-over-technicality/print#ixzz1qFYlY5VB

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Posted in HCR, health care reform | Tagged , , , , | 2 Replies

About rjoyner

Ric Joyner, CEBS, GBA, CFCI Customer Experience Officer Ric is a founder of eflexgroup.com a national web based TPA for Cafeteria, HRA, HSA, Transit, VEBA and COBRA plans. eflexgroup is a leader in self-service employee benefit systems. eflexgroup was the first TPA in the industry to go “online” in 1999 allowing employees to self-serve 24 hours per day. He has lead the industry with eflex by placing provable customer service statistics, live, on eflexgroup.com Ric is celebrating his 32nd year employee benefits. He helped create TPAs such as TASC and Employee Benefits Corporation in Madison WI. He was a licensed insurance agent for 29 years. The designations Mr. Joyner holds are; Certified Employee Benefits Specialist, Group Benefit Associate, Certified Flexible Compensation Instructor, board approved by ASPA to teach Cafeteria Plan regulations. Ric also has a bachelors of science in Information Technology and MBA (emphasis is project management) and graduated summa cum laude from Capella University with a 4.0. Ric helped found the National Association of Professional Benefit Administrators (NAPBA.org). NAPBA is dedicated to training administrators in best practices and grass roots lobbying. Ric has served in the past as the Wisconsin Association of Health Underwriters State President in 2003. Ric is a frequent speaker and article writer for prestigious associations such as NAHU.org, NAPBA.org, Wisconsin SHRM, Austin SHRM, PACE.org, International Foundation of Employee Benefits, Tampa Bay AHU, WI AHU, Florida AHU, Florida NAIFA and participates on the List Serves (compliance programs for Consumer Driven Products of NAHU and International Foundation of Employee Benefits)

2 thoughts on “Day 1 HCR Supreme Court–Court Decides to Continue Forward

  1. KOPS in Workplace, I

    I believe the health care law will stand, at least til 2015 when the IRS attempts to collect the penaly tax. But even then, I believe its a good and valid law. I am a small business man and I am concerned about the impact it will/may have on my company. Yet, I believe in 'Obama-care.' However, I disagreed, though not often, with President Obama's comment that seemed to suggest that he does not feel that an un-elected body, The Supreme Court, should be able to overturn law created by a duly elected body, Congress. I kept thinking he must have meant to say something else, or it was some kind of political and/or psychological strategy. Because surely a man of his education, experience and intellect, knew/knows better.

    Reply
    • rjoyner Post author

      I am predicting it will not stand. And I believe that the Obama administration will start to push the cost of undoing the forward momentum however, that is not the issue nor will be a consideration by the Supreme Courty. The issue is the very agressive approach the Obama Administration has taken toward impinging on the freedom of American People by forcing them to buy insurance.

      Reply

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