Supreme Court will uphold PPACA and individual mandate, experts say
By Lauren McNitt
ProWEB Wire (Industry News)
The Supreme Court will uphold the Patient Protection and Affordable Care Act, according to former clerks of the high court and attorneys who have argued before it.
A new poll surveyed about 400 former Supreme Court clerks and 240 attorneys and found 65 percent predict the court will uphold the individual mandate. The Supreme Court begins hearing arguments on the issue this week.
In addition, nearly three-quarters of the attorneys surveyed said the court will likely reach their decision this year. On Monday, the court is examining whether it has the authority to rule on the law before it takes effect given the Anti-Injunction Act. The act says a tax cannot be challenged until someone has had to pay it. The tax penalties in PPACA don’t take effect until 2015.
If the court does find it can rule on the issue and it strikes down the individual mandate, most attorneys surveyed said it wouldn’t throw out the entire health reform law. Just 27 percent expect the court to strike down the entire law.