Alert
Close

Think you know AARP? What you don't know about us may surprise you. Discover all the 'Real Possibilities'

Highlights

Open
AARP Real Possibilities

 

FREE FUN!

AARP Games - Play Now!

Contests and
Sweeps

Dream Vacation Sweepstakes

10 weeks. 10 amazing trips. Seize your chance to win!
See official rules. 

MOST POPULAR

Viewed

Commented

Your 2011-12 Guide to Key U.S. Supreme Court Cases

Health reform, Medicaid, consumer rights and more

The new term of the U.S. Supreme Court, which begins today, could be a blockbuster, with the court likely taking up the constitutionality of President Obama's health care reform law.

See also: Who are the justices on the Supreme Court?

Couple standing before the Supreme Court - a preview of cases coming before SCOTUS in 2011-12 that will affect people over 50

The high court will decide issues relevant to older adults. — Photo by Getty Images; Jose Fuste Raga/Corbis

"This issue may precipitate the most important clash between the court and the executive branch since the New Deal," according to an AARP Foundation Litigation analysis. "The court's opinion may impact jurisprudence and the direction of this country for decades to come."

The court has accepted a little more than half the cases it will hear during the term. On the docket so far are cases involving Medicaid, consumer credit rights, biomedical patents and other topics with special significance for people 50-plus.

Legality of the health care law

The court has not yet agreed to hear one of the challenges to the Affordable Care Act making their way through the courts, but five federal appellate courts have issued contradictory decisions. The high court will need to settle the matter.

The court could grant review in Thomas More Law Center v. Obama from the 6th Circuit Court of Appeals, which upheld the so-called individual mandate requiring individuals to buy insurance by 2014 or pay a penalty.

The court could also choose a more prominent case, namely Florida v. U.S. Department of Health and Human Services from the 11th Circuit, which held the individual mandate was unconstitutional. The Obama administration signaled Sept. 26 that it wants to move this case along when it didn't ask for another review by the 11th Circuit, increasing the chances the Supreme Court could get the case more quickly. Florida v. HHS was brought by mostly Republican attorneys general and governors in 26 states, the National Federation of Independent Business and two individuals. The court received petitions for review on Sept. 28 from the state officials, the NFIB and the Obama administration.

A central issue is whether Congress overstepped its constitutional authority with the individual mandate. The law also greatly expands Medicaid and contains measures to help older people live independently rather than in institutions.

If the court accepts a case by January, it is expected to rule by the end of the term in June 2012 — right in the middle of the presidential and congressional campaign season.

Next: Medicaid reimbursement. >>

Topic Alerts

You can get weekly email alerts on the topics below. Just click “Follow.”

Manage Alerts

Processing

Please wait...

progress bar, please wait

Tell Us WhatYou Think

Please leave your comment below.

Today's News

Discounts & Benefits

From companies that meet the high standards of service and quality set by AARP.

financial products

Member access to financial and insurance products and services at AARPfinancial.com.

AARP Membership Drive: Join or Renew Now

Member access to health and insurance products and services at AARPhealthcare.com.

Mature woman lounging on armchair using a laptop

Members enjoy exclusive savings on dining, travel, tech & more at AARPdiscounts.com.

Member Benefits

Members receive exclusive member benefits & affect social change. Join Today