10:34
|
Amy Howe:
Yes,
to answer a common question, the whole ACA is constitutional, so the
provision requiring insurers to cover young adults until they are 26
survives as well.  |
10:35
|
Lyle:
Kennedy still reading from dissent. |
10:35
|
Amy Howe:
The
Justices are still reading from their opinions in the courtroom. We
will get more info on who is reading what when we can from Lyle at the
Court. |
10:36
|
Amy Howe:
The ACA is the acronym for Patient Protection and Affordable Care Act -- the health care bill, also known as Obamacare. |
10:37
|
Kali:
The opinion in First American Financial v. Edwards is now on the Court's website. http://www.supremecourt.gov/opinions/11pdf/10-7081b2d.pdf |
10:38
|
Kali:
Here is the opinion in the health care cases: http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf |
10:38
|
Lyle:
Kennedy
is finished reading from dissent. Ginsburg now reading from her
opinion, which helps make the majority but not necessarily in agreement
with Chief's reasoning. |
10:40
|
Lyle:
Among
other comments, Ginsburg bench statement says that "seven members of
theCourt...buy the argument that prospective withholding of anticipated
funds exceeds Congress' spending power." |
10:41
|
Lyle:
The
remedy, Ginsburg says, is "to bar the withholding found impermissible,
not to scrap the expansion altogether." There are five votes for that. |
10:46
|
Tom:
We
are still here. Lyle, Kevin, Amy and Tejinder are reading the opinions
and we will have more analysis for you shortly. We haven't crashed (!!!)
and we will be back with more soon. Stay with us. |
10:48
|
Lyle:
For
readers of the opinion, a quick look at pp. 31 and 32 of Roberts'
opinion tells you why the Court is sustaining as a tax measure. |
10:50
|
Lyle:
Essentially,
a majority of the Court has accepted the Administration's backup
argument that, as Roberts put it, "the mandate can be regarded as
establishing a condition -- not owning health insurance -- that triggers
a tax -- the required payment to IRS." Actually, this was the
Administration's second backup argument: first argument was Commerce
Clause, second was Necessary and Proper Clause, and third was as a tax.
The third argument won. |
Scotus.opinion
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