i say could because they don t necessarily have to, but i want to let viewers see the possibilities right now. regarding the issues that are before the supremes. number one is this anti-injunction act which goes back to the 1870s. can a taxation provision prevent a court challenge until the law was fully in effect which means can you rule on a tax before the tax is applied if you define this penalty defined as a tax or not? that s number one. number two deals with the commerce clause, can congress enact the minimum coverage provision. that deals directly with the mandate. and then you go to number three, can the laws stand if you take the mandate out? that s the severability clause. and then number four, does the burden of increased medicaid funding violate the tenth amendment which relates directly to how washington interacts with the states and how the states and whether or not they re told to beef up the medicaid rules or not.
unique way, do you not have a heavy burden of justification to show authorization under the constitution? so two things about that, justice kennedy. first, we think this is regulation of people s participation in the health care market, and all all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary proper power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. wow. we ll figure out what that means. the center for american progress, she is a senior adviser on health reform in the obama administration. bob is the attorney general of texas and one of the state attorney generals who brought this case against the government. are you as concerned as i ve just heard the report justifies it that this looks like kennedy is leaning toward the
and constitutional. they came from the two men, donald virilli who was under pressure right away from justices who wanted to know where congress gets the power to force people to buy insurance. we think this is regulation of people s participation in the health care market and all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. the unique nature of the market he argued is that virtually everyone is part of it. some of the conservative justices argued that by talking about other markets, they asked if everyone should be forced to pay ahead of time for their own burial and justice scalia talked
who is defending the health care law of the president. when you are changing the relation of the individual to the government in this, what we can stipulate is i think a unique way, do you not have a heavy burden of justification to show authorization under the constitution? so two things about that, justice kennedy. first, we think this is regulation of people s participation in the health care market, and all all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary proper power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. wow. we ll figure out what that means. the center for american progress, she is a senior adviser on health reform in the obama administration. bob is the attorney general of texas and one of the state attorney generals who brought
grilling senator jonathan barili who is defending the health care law of the president. let s listen. when you are changing the relation of the individual to the government in this, what we can stipulate is i think a unique way, do you not have a heavy burden of justification to show authorization under the constitution? so two things about that, justice kennedy. first, we think this is regulation of people s participation in the health care market, and all all this minimum coverage provision does is say that instead of requiring insurance at the point of sale, that congress has the authority under the commerce power and the necessary proper power to ensure that people have insurance in advance of the point of sale because of the unique nature of this market. wow. we ll figure out what that means. the center for american progress, she is a senior