5 key questions for the Supreme Court to consider in a healthcare decision

Health Care Reformers

Health Care Reformers
(Photo credit: codepinkhq)

By Sam Baker – The over-arching question before the court is whether the law’s individual mandate is constitutional. But that’s a complicated question, and the two sides of the case don’t even agree about how best to ask it.

Here are five questions that could shape the court’s ruling:

  1. Is this about healthcare or health insurance?
  2. Where do the mandates stop?
  3. What constitutes an “activist” approach?
  4. What happened to the Necessary and Proper Clause?
  5. Why does the mandate exist?

While framing the mandate as a way to regulate the healthcare market, the government says the purpose of the mandate is to crack down on “free riders” — uninsured people who go to the hospital and can’t pay their bills, passing the cost of their care on to taxpayers and people with insurance.

But if that’s the idea, Chief Justice John Roberts asked, shouldn’t people be able to satisfy the mandate with a policy that only covers catastrophic care? more> http://is.gd/HOMc8p


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