A lawyer for the National Federation of Independent Business, which is challenging President Obama’s health care law along with 26 states led by Florida, said the U.S. Supreme Court informed them that the historic five and a half hours of oral arguments would be spread out over two days in late March.
Here’s the breakdown of how the issues will be heard, according to NFIB lawyer Greg Katsas:
DAY ONE:
Morning: Two hour argument on the core question, whether Congress exceeded its power by enacting the individual mandate.
Afternoon: One hour argument on whether the Anti-Injunction Act, which bars courts from interfering with the collection of taxes, means that the Supreme Court cannot even rule on the case. This hinges on the question of whether the mandate qualifies as a tax.
DAY TWO:
Morning: 90 minute argument on whether the mandate is severable from the rest of the health care law. That is, if the court decides to strike down the mandate, does it have to strike down other parts of the national health care law, or possibly even all of Obamacare, given how essential it is to the legislation?
Afternoon: One hour argument on the states’ challenge that the law’s Medicaid expansion is unconstitutional, because it coerces states into taking on massive financial burdens.
No specific date has been set for the arguments as of now, but Katsas said they would take place either during the March 19th-23rd session, or March 26th-28th session.
