USA Today (3/16, Wolf) reports that a key
issue for the Supreme Court later this month when it hears arguments on the
healthcare reform law challenge will be "whether requiring Americans to
buy health insurance is a law with a 'limiting principle.' If President Obama's
health care law -- his landmark legislative achievement -- is to withstand
legal challenge, government lawyers must convince a majority of justices that
the health care marketplace is unique," and by failing to purchase
insurance, "millions of Americans transfer $43 billion in health care
costs to others in the form of higher premiums." Opponents of the law
"contend that the 'minimum coverage requirement' -- more commonly known as
the individual mandate -- would set a precedent that could apply to vitamin
supplements, daily newspapers or kidney donations."
The Hill (3/16, Baker) reports in its
"Healthwatch" blog, "The Obama administration has shifted its
legal arguments as it prepares to defend the president's healthcare law before
the Supreme Court." In brief submitted prior to oral arguments, government
attorneys, who have previously "defended the mandate as its own regulation
of economic activity," are "now stepping http://www.latimes.com/business/la-fi-honda-settlement-20120316,0,978510.storyexperts
say the shift could steer the case in a direction that would make Justice
Antonin Scalia more likely to uphold the healthcare law's mandate requiring individuals
to purchase health insurance."
McClatchy (3/16, Rau) adds that the individual
mandate is seen by legal experts as "the most legally vulnerable part of
the 2010 law," and notes speculates by health experts that if the Supreme
Court strikes it down but leaves the rest of the law intact, and Obama is
re-elected, he try fixing it through legislation that "would create financial
incentives for people to not delay enrolling in insurance."
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