Wednesday, March 28, 2012

Why Obamacare Will Decide on The Constitutionality of

Why Obamacare Will Be Decided on Constitutionality: If there is one thing that legal observers agree on the first day after oral arguments in a public health problem in the fact that the Supreme Court will ultimately decide if Obamacare is constitutional.

Although it seems obvious result, it is not. The Court can not decide on any issues they wish. Instead, their power is regulated by the set of legal principles and statutory law. In this case, it is against the ban (AIA) prevent States from requiring health problems until April 2015.

AIA is a 1867 law that says taxpayers can not challenge the tax until maturity. Under the individual mandate, the people who do not buy insurance will be conducted on a fee basis. On the one hand, the Obama administration argues that the tax is a tax, says the New York Times. Thus, any challenge to the AIA prohibited tax is actually collected.

The government finally abandoned this argument and both sides want a suit for a decision on the merits. Nevertheless, the Supreme Court appointed a private attorney to spend most of Monday, arguing that the law applies.

If the Supreme Court concluded that the AIA is used, it can not decide if Obamacare is constitutional. However, oral arguments show that the court was not convinced yesterday. The judges "seemed ready to go to the main question:" Times. The issue also noted that the AIA is not an obstacle for the prosecution, says SCOTUSblog.

It seems that the Supreme Court is ready to make a decision. We need to know if Obamacare is the constitutional way in early summer.

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