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SCOTUS Grants 5.5-Hour Oral Argument on Constitutionality of PPACA: What to Expect

In October, PointofLaw asked whether the Patient Protection and Affordable Care Act was SCOTUS-bound. Yesterday, the Supreme Court of the United States granted certiorari to examine the various major issues raised with regard to the federal healthcare legislation.

According to Lyle Denniston of Scotusblog, the oral argument will be argued over two days and structured in the following manner:

The Court will hold two hours of argument on the constitutionality of the requirement that virtually every American obtain health insurance by 2014, 90 minutes on whether some or all of the overall law must fail if the mandate is struck down, one hour on whether the Anti-Injunction Act bars some or all of the challenges to the insurance mandate, and one hour on the constitutionality of the expansion of the Medicaid program for the poor and disabled.

Ashby Jones of the Wall Street Journal provides a more detailed overview of the issues to be argued and examines the district court and appellate level rulings on those issues.

Despite the many predictions on the outcome of Supreme Court review, the question is a close one and there are many strong arguments on both sides as evidenced by the dynamic debate between former solicitor general Paul Clement and Harvard Law School professor Laurence Tribe hosted by the Federalist Society at their Fourth Annual Rosenkranz Debate and Luncheon.

However, what is now certain is that PPACA is indeed SCOTUS-bound.

A breakdown of the Court's orders can be found here.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.