Health Care and the High Court: An Advocate's Guide to Florida et al. v. U.S. Department of Health and Human Services et al.

The information about next week's Supreme Court case challenging health reform is coming quickly  - here's a sampling:

From Families USA:  From March 26-28, 2012, the United States Supreme Court will hear oral
arguments in the legal challenge to the constitutionality of the Affordable Care
Act. The case, Florida et al. v. U.S. Department of Health and Human Services, et
al., will be argued for six hours over those three days. This is the longest oral
argument before the court since at least the 1960s. Although the court could issue
a decision at any time, a ruling is expected at the end of its term in late June.
The court has divided the case into four separate questions, each of which is
analyzed in detail below. The questions will be argued on the following schedule:

  • Monday March 26: Is the challenge to the individual responsibility provision
    premature under the Anti-Injunction Act?
  • Tuesday March 27: Is the individual responsibility provision constitutional?
  • Wednesday March 28: 1) If the individual responsibility provision is unconstitutional, what happens to the rest of the law (the question of“severability”); and 2) is the Medicaid expansion constitutional?

The Supreme Court recently announced that it will  provide same-day audio of the oral arguments. Audio for the morning arguments on March 26, 27 and 28 should be available no later than 2 p.m. The March 28 afternoon arguments will be posted no later than 4 p.m.

For a guide to the Supreme Court hearings from Families USA - see  Health Care and the High Court: An Advocate’s Guide to Florida, et al. v. U.S. Department of Health and Human Services, et al.

For Irwin Chermerinsky's view - see

For an array of articles from Kaiser Health News- see

If you just can't get enough - the National Health Law Program has a chart with links to over 120 amicus briefs - you can read them for yourself!


We welcome your comments and suggestions