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Supreme Court questions legality of Obama healthcare law | |
(about 2 hours later) | |
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 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. | |
The nine judges spent about two hours grilling attorneys on the hotly disputed individual mandate. | |
A ruling on the politically explosive issue is expected by late June. | |
That decision would come right in the thick of the campaign for November's presidential and congressional elections. | |
Broccoli mandate? | |
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. | |
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. | |
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. | |
Republican-appointed justices quizzed the US government's lawyer on Tuesday about whether Americans could lawfully be compelled to buy health insurance. | |
Chief Justice John Roberts, along with Justices Antonin Scalia, Samuel Alito and Anthony Kennedy, led the cross-examination of Solicitor General Donald Verrilli. | |
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. | |
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. |
On Monday, the justices appeared to satisfy themselves they had jurisdiction to review the law even though it has not yet taken effect. | |
On Wednesday, 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. |
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. |
Who's uninsured? Health insurance rates across the US | Who's uninsured? Health insurance rates across the US |