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Obama healthcare law faces key Supreme Court test Supreme Court questions legality of Obama healthcare law
(about 2 hours later)
The bitterly disputed provision at the heart of US President Barack Obama's healthcare law is under the microscope at the Supreme Court. Conservative justices of the US Supreme Court have questioned whether the US government has the power to penalise Americans who have no medical cover.
The individual mandate requires all eligible Americans to purchase health insurance or face a fine. The weighty question of the provision at the core of President Barack Obama's 2010 healthcare reform was under the microscope on day two of the hearing.
Backers of the law see the mandate as crucial for reducing the numbers living without health insurance, but critics say it is a breach of civil liberties. The nine judges spent about two hours grilling attorneys on the hotly disputed individual mandate.
The Supreme Court is hearing three days of argument on the 2010 healthcare law. A ruling on the politically explosive issue is expected by late June.
A ruling on the politically explosive issue is expected this summer, right in the thick of the campaign for November's presidential and congressional elections. That decision would come right in the thick of the campaign for November's presidential and congressional elections.
Regulating commerce Broccoli mandate?
On Monday, the nine justices briefly considered whether an obscure tax law should compel them to postpone tackling the case until after the main provisions of the act come into effect in two years' time. As the session got underway, protesters for and against the law once again held demonstrations on the steps of the court, reflecting the bitterly divisive passions aroused by the law.
Analysts say Tuesday's two-hour hearing gets to the crux of the whole legal challenge. The legal challenge has been brought by 26 US states which say the individual mandate violates the principles of freedom and liberty enshrined in the US constitution.
Twenty-six states say the individual mandate within the law is a flagrant example of government over-reach that violates the principles of freedom and liberty enshrined in the US constitution. But backers of the law see the provision, which does not take effect until 2014, as crucial for reducing the numbers of Americans living without health insurance.
They say that if Congress can make citizens buy health insurance, it could also force consumers to eat broccoli and buy gym membership or American-made cars. Republican-appointed justices quizzed the US government's lawyer on Tuesday about whether Americans could lawfully be compelled to buy health insurance.
However, the Obama administration says Americans without health insurance simply push their unpaid medical bills upon taxpayers, who are forced to subsidise emergency room visits. Chief Justice John Roberts, along with Justices Antonin Scalia, Samuel Alito and Anthony Kennedy, led the cross-examination of Solicitor General Donald Verrilli.
The US government insists Congress has the right to require health coverage under the powers vested in it by the US constitution to regulate "interstate commerce". Mr Verrilli was asked whether, if citizens were made to purchase medical cover, could the federal government require them to buy certain cars, gym membership or broccoli.
The Patient Protection and Affordable Care Act, passed in March 2010, has been the divisive centrepiece of President Obama's term in office. Justice Kennedy said the "unprecedented" idea of forcing people to have health insurance raised constitutional issues.
But Mr Verrilli argued that the reforms fell within Congress's rights under the US constitution to regulate interstate commerce.
Americans divided
The Obama administration says those without such health insurance simply foist their unpaid medical bills on to taxpayers, who are forced to subsidise emergency room visits.
The Patient Protection and Affordable Care Act, passed in March 2010, has been the controversial centrepiece of President Obama's term in office.
The administration estimates it will bring 32 million Americans into the healthcare system and reduce the cost on those who already buy insurance.The administration estimates it will bring 32 million Americans into the healthcare system and reduce the cost on those who already buy insurance.
If upheld, the law would forbid insurance companies from denying coverage because of pre-existing medical conditions. It would also limit how much they can charge older people.If upheld, the law would forbid insurance companies from denying coverage because of pre-existing medical conditions. It would also limit how much they can charge older people.
Americans sharply divided On Monday, the justices appeared to satisfy themselves they had jurisdiction to review the law even though it has not yet taken effect.
The act's insurance mandate does not begin until 2014, and those who flout it would not face a penalty until the following year. On Wednesday, two questions will be considered.
On Wednesday, the final day of the case, two questions will be considered.
The first is whether, if the individual mandate is declared unconstitutional, the rest of the law can stand or must be struck down in its entirety.The first is whether, if the individual mandate is declared unconstitutional, the rest of the law can stand or must be struck down in its entirety.
The other is whether Congress unfairly burdened states when it expanded eligibility under Medicaid, the medical care programme for poor people.The other is whether Congress unfairly burdened states when it expanded eligibility under Medicaid, the medical care programme for poor people.
The US was the only major developed country without a national healthcare system until President Obama's reform.The US was the only major developed country without a national healthcare system until President Obama's reform.
An opinion poll published on Monday found that 47% of voters disapproved of the healthcare law and 36% were in favour. Republicans seeking to foil President Obama's bid for a second term have all vowed to repeal it if elected.An opinion poll published on Monday found that 47% of voters disapproved of the healthcare law and 36% were in favour. Republicans seeking to foil President Obama's bid for a second term have all vowed to repeal it if elected.
Mitt Romney, who is the front-runner to be this year's Republican presidential candidate, called the law a "disaster", despite being credited by the White House with pioneering the individual mandate concept when governor of Massachusetts.
His rival, Rick Santorum, appeared outside the court after Monday's hearing to say that "Obamacare" should be the central issue of the forthcoming election campaign.
The nine Supreme Court justices, five of them appointed by Republican presidents and four by Democrats, have allotted six hours of argument - the longest in decades - for the case.The nine Supreme Court justices, five of them appointed by Republican presidents and four by Democrats, have allotted six hours of argument - the longest in decades - for the case.
The court's proceedings are not televised, but daily audio recordings and transcripts are being made available.

Who's uninsured? Health insurance rates across the US

Who's uninsured? Health insurance rates across the US