By Sam Baker – The over-arching question before the court is whether the law’s individual mandate is constitutional. But that’s a complicated question, and the two sides of the case don’t even agree about how best to ask it.
Here are five questions that could shape the court’s ruling:
- Is this about healthcare or health insurance?
- Where do the mandates stop?
- What constitutes an “activist” approach?
- What happened to the Necessary and Proper Clause?
- Why does the mandate exist?
While framing the mandate as a way to regulate the healthcare market, the government says the purpose of the mandate is to crack down on “free riders” — uninsured people who go to the hospital and can’t pay their bills, passing the cost of their care on to taxpayers and people with insurance.
- Rough day for Obama healthcare law: Kennedy among mandate skeptics (theneteconomy.wordpress.com)
- Justices seem split over striking down healthcare law as arguments end (theneteconomy.wordpress.com)
- Will the Supreme Court’s Healthcare Ruling Impact Massachusetts? (bostinno.com)
- Did the Supreme Court Tip Their Hand on Healthcare Ruling? (usnews.com)
- Supreme Arrogance (thedailybeast.com)
- Obama’s lawyer to Supremes: Save the healthcare law (capitolhillblue.com)
- Does ObamaCare’s Essential Benefits Regulation Undermine the Case for the Mandate? (reason.com)
- Supreme Court, healthcare and American exceptionalism (actionforbetterhealthcare.com)
- Why the Supreme Court Justices Won’t Be Crudely Political When They Rule on Obamacare, William A. Galston, Brookings
- What I Saw at the Supreme Court’s Hearing on the Health Care Law, Henry J. Aaron, Brookings
- The Second Day of the Supreme Court’s Hearing on the Health Care Law, Henry J. Aaron, Brookings
- The Final Day of Legal Arguments over the Health Care Law, Henry J. Aaron, Brookings
- The Patient Protection and Affordable Care Act, Brookings Institution