On Monday, the U. S. Supreme Court granted review in 3 of the 6 pending petitions for certiorari on the constitutionality of the Patient Protection and Affordable Care Act, P. L. 111-148. The Court granted review on 4 issues: 1) does Congress have power under Article I to enact the minimum essential coverage mandate in Section 1501 of PPACA, 2) is the minimum essential coverage mandate severable, 3) does the Anti-Injunction Act, 26 USC 7421(a) bar the pre-enforcement challenge to the individual mandate, and 4) did Congress exceed its enumerated powers in expanding the Medicaid program? The Court will hear oral argument on these issues in the spring of 2012.
The U. S. Supreme Court currently maintains a webpage on the constitutional challenges to PPACA, including the names and docket numbers of the cases and links to the briefs and appendices. Click on the title to this blog entry to see the Supreme Court's PPACA webpage. The cases accepted for review are: National Federation of Independent Business et als v. Sebelius, Docket Number 11-393; Department of Health and Human Services v. Florida, Docket Number 11-398; and Florida v. Department of Health and Human Services, Docket Number 11-400.