By Anne King
Back when the Supreme Court granted cert in the Affordable Care Act cases, there was much speculation on how, precisely, the Justices would view the minimum coverage provision of the statute under the Commerce Clause power. In two earlier posts (here and here), I highlighted several interesting (and less discussed) angles on the Commerce Clause discussed in three of the amicus briefs submitted in the Courts of Appeals cases. Those same amici – a group of states supporting ACA, plus the National Women’s Law Center (NWLC)* and the American Association of People with Disabilities (AAPD), both on behalf of a number of organizations – also chimed in once the litigation reached the Supreme Court
As David Yin wrote here earlier this week, it’s debatable whether the Justices’ questioning at this week’s oral arguments reveal much about the ultimate decision. Yet I was interested to see whether the amici’s Commerce Clause angles would crop up. Amicus briefs arguably have greater significance in a case of this complexity, because they permit exposition of important legal and policy arguments outside the primary scope of the parties’ briefs.
[Read more…] about More on the Affordable Care Act Arguments — Commerce Clause Angles from the Amici