March 06, 2012 Articles

The Federal Health-Care Act Heads to the Supreme Court

The U.S. Supreme Court has granted certiorari to hear the Patient Protection and Affordable Care Act case from the Eleventh Circuit, amid presidential elections.

By Norayr Zurabyan – March 6, 2012

Some legal commentators compare this term of the U.S. Supreme Court with the New Deal era, when the Supreme Court was initially striking down different New Deal programs, and then upholding such programs; these Supreme Court decisions had adopted a broad view of the Commerce Clause. The U.S. Supreme Court has granted certiorari to hear the Patient Protection and Affordable Care Act case from the Eleventh Circuit, amid presidential elections.

The Court has allocated 5.5 hours for oral arguments, which, although not unprecedented, is exceptional. Another controversial debate that has raised a national interest is the question of whether the proceedings should be televised. Although the majority of the justices are opposed to cameras in the Court, on February 9, 2012, the Senate Judiciary Committee supported a bill (11–7) that would require live video broadcasting of oral arguments in the Supreme Court. It does not appear that this bill will pass both houses of Congress before the upcoming oral argument on the health-care law.

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