Four of the court’s nine justices grilled Solicitor General Donald Verrilli over the implications and possible consequences of the individual mandate. Justices Samuel Alito, Antonin Scalia, and Anthony Kennedy, and Chief Justice John Roberts were openly skeptical of the provision. They asked Mr. Verrilli that if the government can compel individuals to buy health insurance, what else can they force Americans to purchase — burial insurance, cell phones… broccoli? One of these justices must vote in favor of the mandate for it to be ruled constitutional.
Justice Clarence Thomas remained silent throughout the proceedings but is expected to rule against the individual mandate, reports the WSJ. The remaining four justices — Elena Kagan, Sonia Sotomayor, Stephen Breyer, and Ruth Bader Ginsburg — hinted that they will vote to uphold the mandate.
Wednesday the Supreme Court will hear oral arguments on whether or not the ACA should remain law if the individual mandate is ruled unconstitutional. A ruling on the health law is expected in late June.
Read More:
- Audio and Transcript of March 27 Oral Arguments – SCOTUS website
- Hard Questions From Justices Over Insurance Mandate – The New York Times
- Find It, Fix It, Keep It: Affordable Care Act – TMA Advocacy Center
It would make a lot more sense to me to allow people without insurance to get a tax credit for buying it than to penalize them for not buying it---they are still uninsured!! HELLO
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