|By STEVEN R. HURST, Associated Press|
The prospect of it being struck down seemed to increase Tuesday as justices challenged the provision, casting doubt on a law that's considered Obama's signature achievement and would affect virtually every American. The court's decision could come in June, in the midst of the campaign before November's presidential election.
Wednesday is the last of three days of arguments over the health law, which has the goal of extending health insurance to 30 million Americans who have no coverage but has come under spirited challenge by 26 states and a business group. Opponents contend the law unconstitutionally extends the power of the federal government.
Before the reforms were signed into law two years ago,
The justices will spend part of the day considering the states' challenge to the expansion of the federal-state
The court's decision, regardless of how it turns out, likely will intensify the ideological differences splitting the country.
Wednesday's session will hear opponents of the law arguing that the requirement to buy insurance is central to the whole undertaking and should take the rest of the law down with it.
The Obama administration argues that the only other provisions the court should kill if the insurance mandate is stricken are ones that require insurers to cover people regardless of existing medical problems and limit how much they can charge in premiums based on a person's age or health.
The federal appeals court in
In a day of contentious questioning Tuesday, conservative justices on the nine-member court pointedly challenged the core provision of the historic health care law, casting doubt on the requirement that all Americans must buy insurance coverage or face a penalty.
Arguments focused on whether the so-called insurance mandate "is a step beyond what our cases allow," in the words of Justice
The high court justices are appointed for life terms by the president in office when vacancies occur. It currently is made up of four Democratic-appointed, reliably liberal judges and four Republican-appointed conservatives. Kennedy, while chosen by conservative Republican President
While he sharply challenged the mandate, Kennedy also conceded that the absence of the requirement affects "the rates of insurance and the costs of providing medical care in a way that is not true in other industries."
"Everybody is in this market," Roberts said. "So that makes it very different than the market for cars or the other hypotheticals that you came up with, and all they're regulating is how you pay for it."
The health care overhaul, which squeaked through