Supreme Court sets Obamacare oral arguments

Speaking of Obamacare, today the United States Supreme Court set the dates for the oral arguments concerning Obamacare.  As you may recall, last month the Supreme Court agreed hear various appeals brought by several parties in “the Florida case”, breaking it down into four separate arguments totalling five and one half hours of argument.

Here is how the arguments will occur:

  • On Monday, March 26, 2012 the Court will hear one hour of argument on the “Anti-Injunction Act” aspect of the case.  This is devoted solely to whether any claim concerning the individual mandate must wait until 2014 when the penalty for failure to have insurance takes effect.  If the “penalty”, as Obamacare calls it is really a “penalty”, then suit can be brought now.  On the other hand, if the “penalty” is really a “tax”, then no action can proceed until the tax actually has to be paid.
  • On Tuesday, March 27, 2012 the Court will hear two hours of argument on the constitutionality of the individual mandate.
  • On Wednesday, March 28, 2012, in the morning, the Court will hear niney minutes of argument on the issue of “severability”…that is, if one piece of Obamacare is found to be unconstitutional, does the entire law fail, or can pieces of it survive, and,
  • On Wednesday, March 28, 2012, in the afternoon, the Court will hear one hour of argument on the constitutionality of Obamacare’s massive expansion of Medicaid.

It appears that these will be the only cases heard by the Court for that entire week, as the Court typically does not hear oral arguments on Thursday and Friday, reserving those days for other Court business.

Oh, to be a fly on the wall when these arguments are heard…


Posted in ,


The Sound Off Sister was an Assistant United States Attorney for the Southern District of Florida, and special trial attorney for the Department of Justice, Criminal Division; a partner in the Florida law firm of Shutts & Bowen, and an adjunct professor at the University of Miami, School of Law. The Sound Off Sister offers frequent commentary concerning legislation making its way through Congress, including the health reform legislation passed in early 2010.


  1. ricbee on December 19, 2011 at 11:41 pm

    I pray Obamacare is swept away by the tide of Constitutionality.

    • JBS on December 20, 2011 at 7:24 am

      Isn’t this the same tactic used by totalitarian governments to NATIONALIZE an industry for the good of the state. All Heil!
      Medicare is a HUGE mess, to be polite. Waste, fraud, abuse and confusing regulations are the norm. Now, the impending O’Care law, if it gets implemented, FORCES individuals who have the financial means to pay for state-approved — read, mandated — insurance. That just is not right!
      The kicker is that people who can not afford to buy the insurance will be given vouchers, or some means to buy that insurance. Furthering the welfare state, all of the ills of Medicare with none of the benefits, and the results will be a British health care system that is broken beyond any hope of serving those as it was intended. Only the rich and wealthy will be able to afford a doctor and hospital costs.

    • JBS on December 20, 2011 at 7:26 am

      I have no faith in the SCOTUS. They, as individuals, are politically tainted.

  2. Marilyn on December 20, 2011 at 7:39 am

    Thanks SOS,? I plan to be a fly on that wall.? What better way to celebrate hubby and my 30 th Anniversary.? Then perhaps lunch at the Capitol Grill.? Hay, Jim I can report from the Supreme Court.?? AM starts at 10:00, out at 11:00?.? works for me.???

  3. Dimsdale on December 20, 2011 at 12:49 pm

    “If the ?penalty?, as Obamacare calls it is really a ?penalty?, then suit can be brought now.? On the other hand, if the ?penalty? is really?a ?tax?, then no action can proceed until the tax actually has to be paid.”
    So you can’t sue until the scheme is fully implemented and it has virtually destroyed the current system of healthcare??? This reminds me of the car trade scene in National Lampoon’s “Vacation” where Clark Griswold went to pick up his new car, which the “can’t find” and tries to substitute the Wagon Queen Family Truckster.? Griswold is PO’ed, demands his old car back, but finds that they have already crushed it!? (
    To paraphrase the Family truckster’s sales pitch: If you hate ?bamacare now, wait until it’s fully implemented!


The website's content and articles were migrated to a new framework in October 2023. You may see [shortcodes in brackets] that do not make any sense. Please ignore that stuff. We may fix it at some point, but we do not have the time now.

You'll also note comments migrated over may have misplaced question marks and missing spaces. All comments were migrated, but trackbacks may not show.

The site is not broken.