WASHINGTON, Jan 27 (Reuters) - The Obama
administration told the U.S. Supreme Court on Friday that nearly
all of President Barack Obama's healthcare overhaul can survive
if the court declares unconstitutional the law's centerpiece
provision requiring health coverage.
Administration attorneys argued in a written brief that all
but two provisions can be separated from the requirement that
Americans buy health insurance or pay a penalty by 2014, the
law's cornerstone known as the individual mandate.
They said the 26 states and the independent business group
challenging the law have failed to show that Congress would have
wanted the entire law to fall in the event the individual
mandate was struck down.
"Many provisions of the act, focused on controlling costs,
improving public health and other objectives, have no connection
to insurance coverage at all," Solicitor General Donald Verrilli
wrote in the brief.
"And Congress directed that much of the act take effect
several years before the minimum coverage provision's effective
date, further demonstrating that Congress intended those
provisions to operate independently," he added.
The Supreme Court has scheduled three days of oral arguments
on the healthcare law for March 26-28, with an election-year
ruling expected by the end of June.
The question of whether the rest of the law survives is one
of four the court will consider, including the issue at the
heart of the legal battle - whether Congress exceeded its powers
in adopting the mandate.
The states and the business group have challenged the law as
an unprecedented move that exceeds its constitutional powers and
argued in written briefs filed last month the entire law must
fall if the court strikes down the mandate.
Administration attorneys on Friday repeated their position
that only two provisions could not be separated and would have
to fall if the court invalidates the mandate.
Those provisions bar insurers from refusing to issue
coverage to a person because of a pre-existing medical condition
and from charging higher premiums based on a person's medical
history.
But the government's attorneys said those challenging the
law failed to show one instance when the Supreme Court in modern
times has struck down a comprehensive law like the healthcare
overhaul based on a finding that one provision exceeded
Congress's authority.
Karen Harned of the National Federation of Independent
Business said in response to the administration's filing that
the group still believed the entire law must fall if the mandate
is struck down.
"To argue otherwise would be like arguing a house can stand
after its foundation has crumbled," she said.
The administration last month filed a separate brief with
the high court defending the mandate as a constitutional attempt
by Congress to address a crisis in the national health care
market.
The Supreme Court cases are National Federation of
Independent Business v. Sebelius, No. 11-393; U.S. Department of
Health and Human Services v. Florida, No. 11-398; and Florida v.
Department of Health and Human Services, No. 11-400.
For National Federation of Independent Business: Michael
Carvin of Jones Day.
For Sebelius and the Department of Health and Human
Services: Donald Verrilli Jr, Solicitor General of the United
States.
For Florida: Paul Clement of Bancroft.
(Reporting by James Vicini)
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