You surely know this by now, maybe if you live in a totally different part of the world where there is no access to any information. There is the famous National Health Care Act that Obama recently signed into law. A majority of the states, in addition to numerous organizations and individual persons, have filed suit in federal court challenging the constitutionality of the PPACA. If you didn’t know the PPACA (Patient Protection and Affordable Care Act) has numerous provisions which took effect from the beginning of 2010. These provisions include; firms employing fifty or more people but not offering health insurance will pay a shared responsibility payment. Another touchy provision is that low income persons above the Medicaid level and up to four hundred per cent of the poverty level will receive federal subsidies on a sliding scale if they choose to purchase insurance via an exchange, it also provides for guaranteed issue and partial community rating which will require insurers to offer the same premium to all applicants of the same age and geographical location without regard to most pre – existing conditions (excluding tobacco use). The provisions in the act are really well meant but it has come under massive fire from various stake holders.
Federal appellate judges are evenly divided on the issue. Organizations and lawmakers who oppose the passage of the bill have taken action against it upon its passage. The target of the lawsuit is on several key provisions of the bill. Some claim that fining individuals for failing to by insurance is not within the scope of Congress’s taxing powers. A total of twenty eight states have filed joint or individual lawsuits to overturn the individual mandate portions of the law.
With the elections not far from the horizon, white house faces a political dilemma. The recent decision from a federal appeals court that said the new law’s mandate must buy health insurance is unconstitutional which has set confusion in the works. Many political analysts think the white house will try to delay Supreme Court consideration as long as possible. The question we need to ask is when it is going to land in Supreme Court. Definitely Obama and his administration do not want to see it go to the Supreme Court until after the elections. This for sure will be first, through asking the full appeals court to rehear the case, which could postpone a final decision there for months. The administration would then take maximum time to request Supreme Court consideration, hoping to push a final decision past the 2012 election. This for sure is in an aim to save the president from potential embarrassment. If it was decided any sooner and the supreme court was to rule against the administration this would do a lot of harm to Obama’s re-election bid, dimming his chances for a second term In office. If it ruled in favour of Obama this for sure would be a total elevation and would be quite a boost for his re-election bid.