In March 2012 the Supreme Court will hear the suit filed by 26 states (including Kansas) and the National Federation of Independent Businesses (NFIB) which challenges the constitutionality of Obamacare. The lawsuit addresses the individual mandate portion of the health care law, which would require that all Americans obtain health insurance by 2014 (or pay a new tax). The health care law relies in large part on this mandate and some have suggested that the law would fall apart if the mandate was deemed unconstitutional. Congressman Huelskamp released the following statement about the Supreme Court's announcement:
"If the federal government can tell a citizen he or she has to purchase health insurance, imagine the possibilities of what else it could instruct the American people to do. Clearly, the Obama Administration has turned the Constitution on its head. I am glad that the Supreme Court will review the constitutionality of this law sooner rather than later. Every day that passes without review is more money spent on a program that should be found unconstitutional. And, even though the law will not be fully implemented until 2014, employers, small businesses, hospitals, states and the federal government are already incurring huge expenses as they implement ObamaCare."
"The individual mandate is not the only constitutional challenge that exists with this law. The more we learn about this law, the more we find out about its legal flaws, including its secretive waiver process and possible privacy violations through patient data collection. Health and Human Services Secretary Sebelius has proposed a rule that would create a massive national database comprised of patient claims data for all Americans that compromises the confidential doctor-patient relationship."
Oral arguments are expected in the spring with a final ruling in June.