Health Care Reform Update: Preparing for the Supreme Court Arguments About the Constitutionality of the Affordable Care Act


On November 14, 2011, the Supreme Court granted certiorari in three cases which involve constitutional challenges to the Patient Protection and Affordable Care Act (“Affordable Care Act”). In recognition of the importance and complexity of those challenges, it also set aside an unprecedented six hours for oral argument.

Those arguments are scheduled to begin on March 26, 2012, and the Court’s decision is not expected before June 2012. Until then, a basic understanding of the questions the Court will consider, coupled with information about how those questions were briefed and decided by lower courts, may be the best way of predicting how the Court will rule.

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