Tuesday, March 27, 2012

Day 2 of Supreme Court "ObamaCare" Hearing: What to Expect


Today is arguably the biggest day of the three days the Supreme Court has set aside to hear arguments on "ObamaCare." MSNBC put it this way: "The outcome of Tuesday's argument could demolish the entire law or cement it for decades to come."

At the center of the debate is the question that has plagued ObamaCare since it was introduced: Does Congress have the power to force individuals to purchase health care, a product they otherwise would not have purchased? It's anticipated that the two sides will focus on the extent of Congress's reach under their power to regulate interstate commerce.

Paul Clement, who is arguing on behalf of the states, said in his brief that "the Commerce Clause does not grant Congress the power to compel individuals to enter into commerce."

Solicitor General Donald Verrilli, who is representing the Obama administration, countered in his brief that the minimum coverage provision (which would require individuals to purchase insurance) "regulates economic activity that substantially affects interstate commerce. Its links to interstate commerce are tangible, direct and strong. It is therefore well within the established scope of Congress's power."

To follow along with the arguments, click here.

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