Will The Health Law’s Future Be Decided By The High Court Or The Election?
Media outlets weigh the various scenarios and where the ultimate muscle exists to advance or undo the health law.
Politico Pro: On ACA, The Election Matters More Than Court
[M]ost legal observers doubt that [the Supreme Court] it will strike down the whole of the Affordable Care Act, even if it finds the mandate unconstitutional. In contrast, the Republican candidates are all on record as promising to scrap the whole thing. While a Republican president wouldn't be able to hand out waivers for states to get out of all of the health law's requirements, as some of the presidential contenders suggest, he'd be able to direct the new HHS secretary to slow-walk pivotal programs, dramatically relax the regulations and possibly defund the law (Haberkorn, 1/13).
NPR: GOP Keeps Health Care Overhaul Law In Its Sights
Several steps in the 2010 health care overhaul law have been implemented. But what impact will the presidential election and the Supreme Court have on it? (Rovner and Inskeep).
Meanwhile, a range of organizations, elected officials and other stakeholders have filed briefs to the Supreme Court to uphold or overturn the health overhaul -
CQ HealthBeat: Attorneys General, Women's Groups, Small Business Urge Court To Uphold Health Care Law
Democratic attorneys general Friday filed an initial brief with the Supreme Court supporting the constitutionality of the health care overhaul ... The move comes the day after nearly 500 state legislators also filed a brief supporting its constitutionality, indicating that the overhaul’s supporters are marshaling forces to counter the attention focused on the 26 states that are challenging the law. Those states, with Florida in the lead, will argue before the court in March along with the National Federation of Independent Business and two individuals (Norman, 1/17).
The Hill: States Face Uphill Climb In Legal Challenge Over Health Law's Medicaid Expansion
The 26 states challenging President Obama's healthcare law are facing several thorny dilemmas as they try to convince the Supreme Court to throw out the law's Medicaid expansion. Both of the lower courts that heard the Medicaid challenge ruled against the states, even as those judges struck down the healthcare law's individual mandate. Legal experts on both sides of the debate over the mandate were surprised that the Supreme Court agreed to also hear the Medicaid piece of the states' lawsuit (Baker, 1/15).
Des Moines Register: Miller, Other Attorneys General Urge Justices To Uphold Health-Care Reform Law
Iowa Attorney General Tom Miller joined Democratic colleagues from other states today in filing a "friend of the court" brief supporting President Obama's health-reform program. About 10 attorneys general signed onto the brief, which was to be filed with the U.S. Supreme Court (Leys, 1/13).
Boston Globe: Coakley Brief Supports Federal Health Law
Attorney General Martha Coakley filed a brief with the US Supreme Court today arguing that the state’s experience since passage of the 2006 health law validates the federal law. ... "Massachusetts is uniquely situated to speak to the actual economic effects of comprehensive reform that includes an individual coverage requirement," the brief says (Conaboy, 1/13).