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Supreme Court Hears Arguments on Health Care Reform

By Anastasia DeFlumeri
On April 5, 2012

Last week, the United States Supreme Court heard three days of oral arguments regarding the affordable health care act, which is also known by the adage 'Obamacare.'

26 states have contested the legality of the legislation passed by Congress 2 years ago. The debate over the legislation was hotly contested by many members of congress at the time, and it's passage was considered a political victory for President Obama.

The main issue being brought forward to the Court is the individual mandate, which requires individuals to buy health insurance, or otherwise, face a fine. The states involved in the case are stating that the government cannot force someone to buy a product they do not want.

The lawyers representing the Obama Administration have said that everyone in their lifetime will need medical care; it is just a question of when. As such, Congress has a right to regulate inter-state commerce, which is anything everyone will use. Since every American citizen will use health care in his or her lifetime, you can require someone to purchase health insurance. Otherwise, other taxpayers will end up footing the bill for the medical costs of others. 

Chief Justice John Roberts rebutted the claims. "Well, the same, it seems to me, would be true, say, for the market in emergency services: police, fire, ambulance, roadside assistance, whatever." He then went on to ask if it was conceivable for the government to make people pay for cell phone plans, since everyone will use a cell phone in their lifetime.

However, there were Justices who supported the law, and supported the mandate. Justice Ruth Bader Ginsberg explained "those who don't participate in health care make it more expensive for everyone else. It's not your free choice to stay out of the health care market for life."

What does all this mean for Plymouth State University students? It means that some of them would lose coverage or having a much harder time finding it, if the law is overturned. 

With the law, students are able to stay on their parents' health insurance policy until they turn 26. Also, if they have ever had a pre-existing condition, such as cancer, epilepsy, or any other long-term illness, they would potentially lose their healthcare coverage.

Yet, there is a chance that only certain parts of the law will be overturned. So, potentially students will still keep their coverage, but the individual mandate would not become law. 

There may be an unexpected outcome to the case, as the Justices are politically split down the middle, and Anthony Kennedy, a moderate Justice, will most likely cast the deciding vote on the law's fate.

The actual fate of the law will not be known right away. After three days of arguments, the arguments were closed, and it is now in the hand of the Justices to decide the fate of Obamacare. The decision on the case is expected to be released by the court in June. 


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