Obamacare in Briefs: The Amicus Writers Preview the Key Questions

Event Date: 03/20/12



DATE - Tuesday, Mar 20, 2012
TIME - 12:00 PM - 1:00 PM
VENUE - Lehrman Auditorium 

In a historic series of four oral argument sessions spanning six hours over three days (March 26-28), the Supreme Court will consider two challenges to the constitutionality of the ObamaCare law. Nancy Pelosi famously mocked as unserious a reporter who asked what constitutional authority Congress possessed to enact the mandate that all Americans secure inflated health insurance policies. But the serious questions continued in court. Last August, the U.S. Eleventh Circuit Court of Appeals struck down the individual mandate in a legal challenge brought by 26 states and the National Federation of Independent Business (NFIB), but rejected the additional challenge brought by the states that the Medicaid spending conditions were unconstitutionally coercive. The Supreme Court agreed to review both of those rulings as well as two thorny side issues. A landmark decision is expected this June that will not only change the nature of the health care policy debate, but also will likely reverberate through the constitutional casebooks for decades.

The number of briefs filed in the case has already broken Supreme Court records, but not all briefs are created equal. The authors of some of the most important amicus briefs will appear at Heritage to discuss their contributions, the best arguments from the parties and other amicus briefs, and also preview how the justices are likely to react to the various arguments. Three topics of special importance are: (1) how will the justices evaluate the arguments about the original meaning of the Commerce, Spending, and Necessary and Proper Clauses; (2) do the Administration’s economic arguments hold any water or are they full of holes; and (3) what lessons, if any, will the Court take from the peculiar legislative process? Please join us to hear this expert analysis. 



Hosted By

Edwin Meese III

Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies



More About the Speakers

Steve Bradbury
Author of 3 briefs for: Nobel and other Economists on the Mandate, Medicaid, and Severability Issues

Erik Jaffe
Lawyer for Docs4PatientCare, Galen Institute, Angel Raich, and others

Michael Rosman
Lawyer for former Department of Justice Officials (Ashcroft, Barr, Flanigan, Meese and Mukasey), and Oral Advocate who won the last landmark Commerce Clause case, United States v. Morrison

Carrie Severino
Author of 3 briefs for: Speaker Boehner, 43 Senators (Mandate), and 36 Senators (Severability) 


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