U. S. Supreme Court to Rule on Constitutionality of Affordable Care Act

by Neil L. Wojtal

The Supreme Court has agreed to hear the arguments brought by 26 states questioning the right of Congress to mandate Americans to purchase health care coverage. The Court has agreed to hear oral arguments on the following issues:

1.      Two hours on the constitutionality of the requirement that virtually every American obtain health insurance by 2014.

2.      Ninety minutes on whether some or all of the overall law must fail if the mandate is struck down as unconstitutional.

3.      One hour on whether the Anti – Injunction Act bars some or all of the challenges to the insurance mandate brought by the 26 states that joined in the lawsuit. The Anti-Injunction Act prohibits a federal court from issuing an injunction against a proceeding in state court.

4.      One hour on the constitutionality of the expansion of the Medicaid program for the poor and disabled. This issue focuses on whether the states can be forced by the federal government to expand their share of Medicaid costs and administrative expenses with the risk of losing federal funding if they refuse.

The underlying issue is whether the commerce clause of the U. S. Constitution supports the right of Congress to pass the Act which includes the insurance mandate or whether the Act violates the commerce clause and is therefore unconstitutional.

The Court will probably hear oral arguments in February or March, 2012 with an opinion expected in June, 2012.

VOW to Hire Heroes Act of 2011

by Neil L. Wojtal

On November 10, 2011 the Senate passed the VOW to Hire Heroes Act. The Act is intended to help the approximately 900,000 unemployed veterans find jobs and to provide incentives to employers who hire them.

The highlights of the Act are:

1.      The Act provides the nearly 100,000 unemployed veterans of past eras and wars with up to one year of additional Montgomery GI Bill benefits to qualify for jobs in high demand sectors. It also provides disabled veterans who have exhausted their unemployment benefits with up to one year of additional VA vocational and employment benefits.

2.      The Act makes the Transition Assistance Program (TAP) mandatory for most veterans transitioning to civilian status and provides them with resources for upgrading their job hunting skills in today’s job market.

3.      Veterans will be able to begin the federal employment process by acquiring veterans’ preference status prior to service separation which will allow them to speed up the hiring process when applying for federal agency jobs.

4.      The Act will require the Department of Labor to look at how to translate military skills and training to civilian sector jobs and make it easier for veterans to get required licenses and certifications.

5.      The Act provides for the following tax credits for employers who hire veterans.

a.      $2,400 for employers who hire veterans who have been unemployed for more than four weeks but less than six months

b.      $5,600 for employers who hire veterans unemployed for more than six months.

c.       $9,600 for employers who hire veterans with service connected liabilities that have been unemployed for more than six months.

Note that Congress has ensured that the Act is completely paid for with existing revenue and does not increase the federal deficit.