Healthcare bill facing battle to pass after tough questions from justices

Wednesday, March 28, 2012
By Paul Martin

Judges question whether individual mandate part of health reforms would give Congress excessive power over individuals

Chris McGreal
GuardianUK
Tuesday 27 March 2012

The future of Barack Obama’s signature healthcare reforms hangs in the balance after facing a rigorous challenge from conservative justices on the supreme court.

In the second day of hearings on Tuesday, the judges described the two-year-old law as fundamentally changing the relationship between the individual and the government, giving Congress virtually unlimited power to force people to buy products for their own good.

The legal argument focused on the challenge to core of the legislation – its requirement that almost all Americans buy health insurance.

If the court were to rule the law unconstitutional when it issues its decision in June, it could prove a significant blow to Obama’s re-election campaign by striking down his most important piece of legislation and bolstering conservative opposition.

The two supreme court justices thought likely to cast the deciding votes, Anthony Kennedy and the chief justice, John Roberts, appeared deeply sceptical of the government’s contention that healthcare regulation is a special case that gives Congress the power to oblige individuals to obtain insurance.

“Can the government require you to buy a cell phone because that would facilitate responding when you need emergency services? You can just dial 911 no matter where you are?” asked Roberts.

Kennedy said that the new law is “changing the relation of the individual to the government”.

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