Soon after the ACA was signed into law in 2010, Colorado’s Attorney General John Suthers joined with AGs from around the country (26 states in all) to file a lawsuit challenging the legality of the individual mandate. It was particularly interesting in Colorado because there were only a handful of states where the governor and the AG disagreed about the legality of the individual mandate – Colorado was one of them.
The fight over the constitutionality of the ACA has been winding through the court system for the last two years, and has predictably made its way to the Supreme Court. The Supreme Court will hear oral arguments for and against the ACA next week. The 26 AGs who filed the lawsuit challenging the ACA requested that all of them be allowed to sit in on the arguments, but the Supreme Court granted them six seats instead. John Suthers is one of the six AGs who will be allowed to sit in the Supreme Court chambers next week to hear the ACA arguments.
The Supreme Court schedule for the oral arguments includes 90 minutes on Monday, March 26th to discuss whether to throw out the challenges to the ACA on a technicality. Then on Tuesday, they’re planning a two-hour session where the federal government and the plaintiffs can present their arguments for and against the legality of the individual mandate. Then on Wednesday, the court will be hearing arguments for 90 minutes regarding whether the rest of the ACA could stay in place if the individual mandate were deemed unconstitutional. That’s the end of the scheduled arguments, but a ruling from the Supreme Court isn’t expected until the summer.
Definitely an interesting start to an election year.