WASHINGTON -- The Supreme Court announced yesterday that it will use an unprecedented week's worth of argument time in late March to decide the constitutionality of President Barack Obama's historic health care overhaul before the 2012 presidential elections.
The high court scheduled arguments for March 26, 27 and 28 over the Patient Protection and Affordable Care Act, which aims to provide health insurance to more than 30 million previously uninsured Americans. The arguments fill the entire court calendar that week with nothing but debate over Obama's signature domestic health care achievement.
With the March dates set, it means a final decision on the massive health care overhaul is likely to come before Independence Day, in the middle of Obama's re-election campaign. The new law has been vigorously opposed by all of Obama's prospective GOP opponents. Republicans have branded the law unconstitutional since before Obama signed it in a March 2010 ceremony.
In an extraordinary move, the justices are hearing more than five hours of arguments over the health care overhaul. In the modern era, the last time the court increased that time anywhere near this much was in 2003, for the McCain-Feingold campaign finance overhaul. That case consumed four hours of argument.
The Supreme Court will start the week of arguments that Monday with one hour on whether court action is premature because no one yet has paid a fine for not participating in the overhaul.
Federal law generally prohibits challenges to taxes until they are paid. The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled earlier this year that the penalty for not purchasing insurance will not be paid before federal income tax returns are due in April 2015; therefore it is too early for a court ruling.
Tuesday's arguments will take two hours, with lawyers debating the central issue of whether Congress overstepped its authority by requiring Americans to purchase health insurance starting in 2014 or pay a penalty. The White House says Congress used a "quintessential" power -- its constitutional ability to regulate interstate commerce, including the health care industry -- when it passed the overhaul.
But opponents of the law, and the 11th U.S. Circuit Court of Appeals in Atlanta, say that Congress did go beyond its constitutional authority with the individual mandate.