The Obama administration argues the insurance mandate is a valid way to address a national crisis in which the uninsured impose huge costs on the U.S. health-care system. It also says the provision is an essential part of the law's insurance reforms, which require insurers to accept all prospective customers, even if they have pre-existing medical conditions.
U.S. Solicitor General Donald Verrilli will be up first Tuesday morning, allotted an hour to make the administration's case to the justices. Two lawyers representing the challengers will each have 30 minutes to respond. Paul Clement, a former solicitor general during the George W. Bush administration, will argue on behalf of the state challengers. Michael Carvin of the Jones Day law firm will argue for the National Federation of Independent Business and a group of individuals challenging the law....
I'll have much more to say when the transcript of the argument becomes available.
March 27, 2012
This is the question most people have focused on: Does Congress have an enumerated power to regulate individuals who fail to buy health insurance?