PIERRE, S.D. – Attorney General Marty Jackley releases further details on the U.S. Supreme Court’s oral argument in the Federal Health Care Reform Act case. The Court has allotted five-and-a-half hours for oral arguments expected to be heard by this February or March, with a decision potentially by late June 2012.

 

 

 

 

Whether the individual mandate requiring Americans to purchase

qualifying health product is severable from the entire Health Care

Act                                                                                                                              90 minutes

 

Whether Congress had authority to enact the individual coverage

provision                                                                                                                    120 minutes

 

Whether challenges to the Health Care Act are barred by the Anti-Injunction

Act, (The Court will also advise whether the Anti-Injunction Act, that precludes

certain court action seeking to prevent the assessment and collection of taxes,

precludes a court from hearing the State’s claims to enjoin the operation

of individual mandate.)                                                                                              60 minutes

 

Whether the Medicaid expansion spills from encouragement to coercion under

SouthDakota v. Dole and thus violates “basic principles of federalism”                    60 minutes

 

 

“I am pleased that the U.S. Supreme Court has agreed to address this significant Congressional action,” said Jackley. “Both the federal trial court and appellate court have ruled that Congress has exceeded its authority with this unprecedented mandate requiring all individuals to purchase health insurance. We will continue this fight to protect state and individual rights, and to avoid the adverse impact on our state budget.”

 

 

 

 

 

 

 

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