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March 23, 2012

Faegre Baker Daniels to Follow Closely Supreme Court Arguments on Health Care Reform

We know that many of our clients are eagerly awaiting the Supreme Court arguments regarding health care reform next week.

Here's the schedule for the arguments:

Monday, March 26, 2012: 90 minutes, beginning at 10 a.m. Eastern time. The Court will hear arguments on whether the Anti Injunction Act prevents a challenge to the individual mandate until the mandate actually takes effect in 2014.

Tuesday, March 27, 2012: 120 minutes, beginning at 10 a.m. Eastern time. The Court will hear arguments on whether the individual mandate that requires most people to buy health insurance by 2014, or pay a penalty, is constitutional.

Wednesday, March 28, 2012: Two sessions: 90 minutes beginning at 10 a.m. Eastern time. The Court will hear arguments on severability – that is, if the Court strikes down the individual mandate, will the entire law go down with it, or can all or some of the rest of the law stand? Also, 60 minutes beginning at 1 p.m. Eastern time. The Court will hear arguments about whether the expansion of Medicaid under health reform violates state sovereignty.

The Court is allowing expedited release of the audio recordings of the proceedings, which should be available by the afternoon Monday and Tuesday and the evening on Wednesday (when arguments are scheduled in the afternoon). Faegre Baker Daniels will be carefully reviewing and analyzing the arguments. Watch for further coverage and analysis of the arguments both next week, and in the coming months, prior to issuance of the Court's decision (likely to be issued in late June).

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.