Day 1 In The Health Law Reform Case; Kingston, New York Medical Malpractice Attorney Discusses

Two monumental events happened today at the U.S. Supreme Court. The first is obviously the health care reform oral arguments, and the second is a lesser-known genetic case handed down today. However, I think I will talk about that case tomorrow.

I really press and hope that EVERYONE is watching history in the making. I cannot stress this enough. We are in the midst of a major revolution in American law. The Constitution’s Commerce Clause in Article 1 section 8 clause 3 is at being interpreted which will greatly affect a lot of other cases in the future. Something most people do not realize is that Constitutional law has VERY little to do with the actual Constitution—it is about interpreting it sure, but it is really applying the Constitution itself beyond the four corners of the Constitution.

In fact, relating to the commerce clause, Congress has been provided more and more support buttressing their powers bestowed on them since 1937, when the “judicial revolution” occurred. From that period on, I cannot think of ANY commerce clause cases finding Congress exceeding their powers. Moreover, the Necessary and Proper Clause augments Congress’ power and further finds for the law to be viable.

Today’s arguments were actually by an amicus—NOT a party—because both the petitioners and respondents opposed the classification as a tax. So the Supreme Court appointed a non-party to argue FOR the tax. The argument is that if this is a tax, the Anti-Injunction Act prohibits individuals from arguing about a tax before they have been taxed. Meaning, the Affordable Care Act could not be contested in court until 2015. This is how some of the lower courts have dismissed the Affordable Care Act before. For example, in the Fourth Circuit the court made this finding of fact and dismissed it for standing. However, the Supreme Court Justices hinted that they thought it was not a tax but a penalty, and—moreover—that it should be heard now because it will inevitably be back to the Court in no time!

The transcript from the oral argument has been released and is available here: http://www.supremecourt.gov/oral_arguments/argument_transcripts/11-398-Monday.pdf?hpt=hp_t2. Reading this brings CHILLS to my spine. Just imagine how it is to be peppered on the law by these nine brilliant jurists. They are considered to be the top legal minds in the country, and you are the lonely attorney standing in front of them arguing the case. That is, arguing a case with the public squirming behind you and, essentially, the entire United States if not the world watching. What an experience.

Tomorrow I will bring you an update on day two, and possibly information about another case handed down today by the Supreme Court regarding genetics! It is truly a Supreme Court health care week!

But what do you think? I would love to hear from you! I welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.