A request to review President Obama’s health-care overhaul by a Californian conservative legal group was rejected yesterday by the U.S. Supreme Court. There have been several comments regarding justices Elena Kagan and Clarence Thomas, who were apparently involved in the court’s decision to reject the request. Some wonder whether Justice Kagan’s previous activities in the Justice Department, such as being Obama’s Solicitor General, should not have disqualified her; others comment on Justice Thomas’ wife’s efforts in trying to repeal the law.
It was no surprise that the court rejected the appeal, simply because a federal appeals court has not considered the case yet. It is extremely unusual for the high court to review a case before its issues have been discussed in the lower courts.
The appeal was brought by Steve Baldwin and the Pacific Justice Institute, California. They wanted the court to determine whether Congress has the authority and power to force every American to buy health care insurance by 2014 – something the new law stipulates.
Regarding the individual mandate provision, the petition asked whether:
..(the mandate) exceeds Congress’ power under Article I, section 8 of the Constitution by regulating and taxing a citizen’s decision not to participate in interstate commerce (in other words – decision not to purchase health care insurance).
The health care reform bill was signed into law in March 2010. A number of states say they will fight the legislation. It was passed after months of wrangling and bickering in Congress.
Since its enactment several US states and newly elected Congress members have vowed to find ways of preventing the bill.
Written by Christian Nordqvist