During the past few days, the United States Supreme Court has been listening to oral arguments about the Health Care Reform Law (PPACA). There has been much discussion on both sides of the table. But when you get to the bottom of it, there are four main areas that the Court is considering:
(1.) Anti Injuction Act: The Court will decide if the individual mandate penalty is a tax. If they deem the penalty a tax, it can only be challenged after the tax is collected, most likely in 2015.
(2.) Constitutionality of the Individual Mandate: Does the Constitution’s Commerce Clause allow Congress the power to enact an individual mandate?
(3.) Severability: If the Supreme Court rules the individual mandate unconstitutional, does the entire Health Care Reform Law get struck down or just the individual mandate?
(4.) Constitutionality of Medicaid Expansion: Are the spending conditions imposed on the states in funding additional Medicaid beneficiaries deemed coercive? In other words, does it amount to the federal government taking state revenue?
The Supreme Court is expected to make their rulings by the end of June. No doubt this will have a major impact on virtually everyone.