Debate Over Law Sparks Mostly Civil Exchanges Outside High Court
Scores of opponents and supporters of the health care law rallied next to each other for over three hours Monday, before, during and after the Supreme Court hearing.
鈥淧rotect our care, protect our law,鈥 yelled the law鈥檚 backers as they marched in a circle, some with shirts that read, 鈥淒eath is not an option.鈥
鈥淲e love the Constitution,鈥 exclaimed the law鈥檚 opponents, who carried signs saying, 鈥淥bama don鈥檛 care.”
It was mostly civil.聽 One exception: Linda Dupere, 65, of Compton, N.H., an opponent of the law聽 and Jane, a teacher from Los Angeles who would not give her last name,聽yelled and pointed fingers at each other.
鈥淒on鈥檛 you think you should support your fellow man,鈥 Jane who supports the law,聽asked Dupere, who said people shouldn鈥檛 rely on the government for help. 鈥淗ealth care聽 needs to be tweaked not dismantled,鈥澛燚upere聽replied.
Supporters of the law seemed to have the upper hand outside the court — largely because the United Methodist Church next door was being used as a staging ground for left-leaning Families USA and the advocacy group . The location had bathrooms and a place for media to do interviews and file stories. Opponents had neither.
Despite all the tension, supporters and opponents were mostly in agreement on one thing after the 90-minute hearing. Both sides thought the judges were anxious to rule on the merits of the law, rather than let a 19th century law聽delay them. The Monday hearing was over whether the penalties for people not buying health insurance under the law amounted to a tax. If so, an 1867 statute holds that Americans cannot challenge a tax until it has been collected. The first penalties for violating the health care law鈥檚 individual mandate do not kick in until 2014, and they must be paid on federal tax returns in April 2015.
Rev. Paul Schenck, a Harrisburg, Pa., minister and chairman of the,聽 said judges were inquisitive but indicated they had the authority to rule on the case. 鈥淭hey had a lively argument, but they are ready to move on this,鈥 he said.
Ezekiel 鈥淶eke鈥 Emanuel, who helped the White House draft the health law, is the brother of former White House Chief of Staff Rahm Emanuel聽and now works as a bioethicist at University of Pennsylvania, agreed. 鈥淚t鈥檚 a penalty, not a tax,鈥 Emanuel said. He noted how Justice Ruth Bader Ginsberg observed during the hearing that the 1867 law was put in place to prevent Americans from blocking a law meant to raise revenue for the government. Emanuel said the penalty will 鈥渙nly raise a couple billion dollars鈥濃 or a tiny fraction of the nearly $1 trillion cost of the law. The penalty was put in the law not聽to raise money, but to get younger and healthier Americans to buy insurance to help spread insurance risk, he said.
The Congressional Budget Office estimated the聽penalty would raise $4 billion over 10 years.
Pam Bondi, the Republican Attorney General of Florida who filed suit against the law,聽 said after the hearing she was confident the judges believe they have the authority to move forward. 鈥淭hey do not believe this is a tax,鈥 she said.
As Bondi was whisked away, she gave high fives to several tea party supporters who thanked her for opposing the law.