Rare is the occasion when the nine justices of the U.S. Supreme Court gather to hear three days of arguments, and rarer still is when it is for a case like Obamacare — one that cuts to the core of the Constitution and whose outcome could fundamentally alter the role of the federal government and its power over the people. But today the Court will do just that when it open its doors and begins weighing the arguments on the constitutionality of President Barack Obama’s seminal health care law.
Were the American people to vote on the issue, they would fall decidedly against Obamacare, as recent polls have shown. But for the Court, the decision is not as cut and dried as an up or down vote, but one that involves the interplay of a series of issues raised by those who are challenging Obamacare — more than half the States of the Union and a collection of interested organizations and private parties — and those brought by the Obama Administration, which is defending the law. And they come to the Supreme Court after conflicting appellate court rulings which have left undecided the question of whether Obamacare is permissible under the Constitution.
The central issue before the Court is whether Congress has the power under the Commerce Clause and the Necessary and Proper Clause to impose the individual mandate on the American people, forcing them to buy health insurance or pay a penalty. If the Court holds that Congress was outside the bounds of its authority, it can strike down the individual mandate, leaving the justices to then decide whether all or part of Obamacare should fall along with it.
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