Archive for the ‘SCOTUS’ Category

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Media Commentary: Quick On the Draw, Off On the Mark

Thursday, June 28th, 2012

(Photo Illustration by Gary He)

So it’s out there. Everyone’s talking about it. CNN (and Fox News TV) screwed up big time – reporting that the Supreme Court ruled the Affordable Care Act unconstitutional when in fact, it was the COMPLETE opposite. How now brown cow? When online reporting and the 24 hour news cycle go horribly wrong? On the upside, they corrected the news…seven minutes later.

I’m going to go out on a limb here to say I miss the days of old school reporting – when journalists had time to make sure they got it right, when we would actually pick up a hard copy newspaper and read a…gasp…book. It’s the pressure of today’s news cycle. And the world we live in. Be the first one out. Get them tuned in. But we’re talking about a 193-page Supreme Court ruling on an expansive piece of legislation.

Lesson learned (this is for all of us):

Posted in Health Care Industry, Health Care Reform, Health Policy, Journalism, SCOTUS
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LukeDickinson
Luke
Dickinson

Supreme Court Upholds the Affordable Care Act

Thursday, June 28th, 2012

President Obama signs the Affordable Care Act into law in 2010

Amid great anticipation, fanfare – and even a belly dancer – the Supreme Court of the United States (SCOTUS) announced a 5-4 ruling to UPHOLD the constitutionality of the Affordable Care Act (ACA) – the health care reform legislation passed by President Obama in March 2010.

Question of Constitutionality

The ruling hinged on the question of constitutionality of the law; particularly the clause that would require Americans to purchase health insurance. The Court ruled that while it is unconstitutional for the government to command citizens to purchase insurance, as a part of its power to regulate commerce between states, five Justices agreed that Congress DOES have the authority to levy a tax on those who do not purchase insurance. As cited in Footnote #11, on page 44 of the 193 page ruling, this is laid out as:

“Those subject to the individual mandate may lawfully forgo health insurance and pay higher taxes, or buy health insurance and pay lower taxes. The only thing they may not lawfully do is not buy health insurance and not pay the resulting tax.”

In a move that came as a surprise to many, Chief Justice Roberts sided with the liberal element of the Court in voting to uphold the mandate as a tax. In his lengthy ruling, Roberts noted that “The Affordable Care Act is constitutional in part and unconstitutional in part,” while adding that the decision “makes going without insurance just another thing the Government taxes, like buying gasoline or earning income.” As experts have pointed out, the ACA’s primary provision is now more of an invitation to purchase insurance – as opposed to a requirement – with an, arguably light tax penalty for those who chose to go without.

States Access to Medicaid

While the ruling that the individual mandate is constitutional made moot many of the other constitutionality questions surrounding the law, the Court did rule on the Medicaid provision that required states to comply with new requirements or risk losing funding. In a complicated decision, that favors the supporters of states rights, the Court ruled that the provision is constitutional if states would only lose access to NEW funds if they chose not to comply with new requirements, rather than lose access to all Medicaid funding.

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Posted in doctors, Health Care Reform, Health Policy, SCOTUS, SCOTUS Beat
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LukeDickinson
Luke
Dickinson

Supreme Court Hears Arguments Over Health Care Reform – Wednesday Update

Thursday, March 29th, 2012

As the third and final day of the oral arguments over Health Care Reform in the Supreme Court closed, the uncertainty over the Court’s anticipated decision grows even stronger. Many believe that the law is in jeopardy over the constitutionality of the individual mandate, the provision requiring all Americans to purchase health insurance. And the third day of arguments made it clear that if the individual mandate fails, there is a strong likelihood that the entire ACA will fall with it.

Day three kicked off with arguments around the severability issue of whether the ACA can remain in action if individual elements of it are deemed unconstitutional, specifically the individual mandate provision. As oral arguments and questioning developed, it quickly became clear that the Court is stuck on their political divisions.

Liberal Justices who support the ACA argued that there are too many vital elements of the law to be thrown out if one element fails, while conservative Justices questioned how Congress can salvage the law if central elements are picked apart.

“Is half a loaf better than no loaf? And on something like the [health insurance marketplace] exchanges it seems to me a perfect example where half a loaf is better than no loaf. The exchanges will do something.” – Justice Elena Kagan

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Posted in Congress, Health Care Industry, Health Care Reform, Health Policy, Public Affairs, SCOTUS, SCOTUS Beat
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LukeDickinson
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Dickinson

Supreme Court Hears Arguments Over Health Care Reform -Tuesday Update

Wednesday, March 28th, 2012

(Dana Verkouteren/AP Photo)

As the dust settles on the second day of arguments in the Supreme Court over Health Care Reform legislation, there is an overwhelming sense by observers that the Patient Protection and Affordable Care Act (ACA) is in jeopardy of being struck down by the Supreme Court.

Conservative Justices heaped pressure on U.S. Solicitor General Don Verrilli – who is arguing in support of the Obama Administration’s landmark piece of legislation – picking apart the individual mandate, the requirement that under ACA all Americans purchase health insurance. Setting aside the issue of quality or access to care, Justices focused on the commerce issue of the mandate, examining whether the government is changing its relationship with the people in making them purchase a commercial product and what else that might lead to.

“Everyone subject to this regulation is in — or will be in — the health care market. They are just being regulated in advance. That’s exactly the kind of thing that ought to be left to the judgment of Congress and the democratically accountable branches of government.” – U.S. Solicitor General Don Verrilli

“So can the government require you to buy a cell phone because that would facilitate responding when you need emergency services?” – Chief Justice John Roberts

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Posted in Congress, Health Care Industry, Health Care Reform, SCOTUS, SCOTUS Beat
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LukeDickinson
Luke
Dickinson

Decision 2012 – Presidential Candidates on Health Care

Tuesday, December 20th, 2011

Across early primary states Republican Presidential candidates are fighting tooth and nail to appeal to voters in the hope of becoming the next President of the United States of America.

While prime-time pundits may revel in polling data, “zany” tactics or the latest campaign trail gaffe, serious voters remain concerned with the issues. The economy has become the hot topic for the cycle, but with Democrat-led health care reforms still riling many Republicans, voters are paying close attention to the candidates’ stance on health care.

The overarching message from each and every candidate is dire need to “repeal Obamacare.” Republicans argue that “Obamacare,” the Affordable Care Act passed by President Obama in March of 2010, does little to improve health care quality while simultaneously restricting individual freedoms through requirements to purchase health insurance. If elected, each major Republican candidate would repeal “Obamacare.” But where will each candidate go from there?

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Posted in Health Care Industry, Health Care Reform, Health Policy, Public Affairs, SCOTUS, SCOTUS Beat
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LukeDickinson
Luke
Dickinson

SCOTUS Beat: Review of Health Care Reform Heats Up

Friday, October 28th, 2011

The highly anticipated Supreme Court review of landmark health care reform legislation has taken a step closer to reality. The nine Supreme Court Justices announced on Oct. 26 that they will review five of six pending petitions on Nov. 10, one of their closed-door conference days.

In this session, the Justices will decide whether or not to hear any or all of the petitions that challenge the massive Patient Protection and Affordable Care Act (ACA), spearheaded by the Obama administration. While it is not guaranteed that the petitions will come before the court, legal experts anticipate that the Justices will take on this controversial topic, notably as lower federal appeals courts have previously made divergent rulings on the constitutionality of the new law.

So just what are these petitions? Four of the five to be reviewed on Nov. 10 are challenges to the ACA, with the fifth presented by the federal government to defend the constitutionality of key elements of the act. A sixth petition, which is not yet ready to be presented to the Justices, examines the rights of states, specifically Virginia, to challenge the federal government in court.

The most contentious element that the Court may decide is whether Congress exceeded its authority by mandating that virtually all Americans purchase health insurance by 2014. Also up for possible review is whether new Medicaid requirements place too great a strain on the states. Further, if the Justices rule that the individual mandate is indeed unconstitutional, they must determine whether this invalidates the entire ACA or whether parts of it can remain enacted.

The decision of the Court on whether or not to hear these cases could come very quickly, either the day of the conference or the following Monday, Nov. 14. If the Court does, as anticipated, decide to hear the cases, it is more than likely they will be heard in the current term, with possible oral arguments coming in March 2012, with a decision as early as June 2012.

Lawyers, law makers, health care providers and individual citizens will be waiting with baited breath for the decision of the Supreme Court Justices. There is a great deal at stake for all parties on the potential decision of the Court, from the rights of patients and providers to statewide Medicare and Medicaid budgets, and potentially even the outcome of the 2012 Presidential election. Rest assured, the Full Spectrum Blog will be tracking the court every step of the way to keep our readers up-to-date.

Posted in Health Care Industry, Health Care Reform, Health Policy, Public Affairs, SCOTUS, SCOTUS Beat
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