WASHINGTON — Day one of health care reform arguments at the Supreme Court are done. They forbade cameras in the courtroom but, in exchange, offered to promptly post argument audio and transcripts online, and you can find them here.
The court heard 89 minutes of discussion today on whether or not they can even rule on the constitutionality of President Obama’s landmark legislative accomplishment, the Affordable Care Act. By most accounts, the justices will rule that they can (Here’s Reuters’ story, and a more technical legal analysis from SCOTUSblog).
Essentially the question before the court today was on an 1867 law barring lawsuits against a federal tax law until that tax took effect. Because the Affordable Care Act penalizes citizens who fail to buy health insurance by 2014, some have argued the courts can’t rule on the legality of the individual mandate until said penalties have been instituted.
Several justices appeared ready to brush aside that argument. From Rueters:
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“Here, they did not use that word tax,” liberal Justice Stephen Breyer said, referring both to lawmakers who crafted the legislation in Congress and to their intent.
Another liberal Democratic appointee to the high court, Justice Ruth Bader Ginsburg, also expressed skepticism. “This is not a revenue-raising measure,” she said.
Conservative Justice Antonin Scalia was also among those justices who suggested by his questions that allowing the case to go forward would not broadly undercut federal tax policy.
“There will be no parade of horribles,” he said, noting that lower court judges would be able to determine when to make exceptions to the usual rules governing general tax penalties and law.
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First up for the Supreme Court: deciding if it can rule on health care reform