Clint Bolick

Supreme Court agrees to hear federal health care lawsuit

Posted on November 14, 2011 | Author: Clint Bolick
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The U.S. Supreme Court has agreed to hear arguments in a case brought by more than two dozen states challenging the constitutionality of the federal health care law. The core issue is whether the individual mandate to purchase government-prescribed health care is constitutional. The Court of Appeals ruled that it was unconstitutional. But other issues are before the Court as well, notably whether it is premature to decide the individual mandate before it is enforced, and whether the entire law should be struck down if the individual mandate is invalidated.

The Court has granted an extraordinary five-and-one-half hours of argument in the case. (Arguments typically are one hour.)

The Health Care Freedom Act is only indirectly raised in this case, and the Goldwater Institute will file a friend of the court brief in the U.S. Supreme Court raising the Health Care Freedom Act and other federalism issues.

This lawsuit does not raise the constitutionality of the Independent Payment Advisory Board, which is presented in Coons v. Geithner, the Goldwater Institute's legal challenge to the federal health care law. That case is pending in the U.S. District Court in Arizona.

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