ABA Journal:  Without question, the most important issues before the U.S. Supreme Court this year concern the constitutionality of the Patient Protection and Affordable Care Act. The Supreme Court is devoting an entire week of oral arguments, six hours over three days, to United States Department of Health and Human Services v. State of Florida and National Federation of Independent Business v. Kathleen Sebelius.

The potential consequences socially, legally and politically are enormous. The outcome could very well shape how health care is provided in this country for decades to come. If the court invalidates this law–and one of the issues is whether the entire act should be struck down–it will be the first time since the New Deal that a major federal regulatory statute has been declared unconstitutional. And there is little doubt that whatever the court decides could have an impact on the outcome of the November presidential election.

The court has granted review on four questions that have been briefed and that will be argued separately. First, the court will face the question of whether the minimum coverage requirement–often called the individual mandate–should be regarded as a tax and, if so, whether the federal Anti-Injunction Act precludes the federal courts from considering its constitutionality at this time. The individual mandate requires that individuals either purchase health insurance or pay a penalty to be collected by the Internal Revenue Service.

Continue viewing a preview of Obamacare arguments before the supreme court.

ABA Journal:  The U.S. Supreme Court has agreed to hear challenges to the Obama administration health-care law.

The court granted cert today in three cases and allowed extra oral argument time when the case is heard in March, SCOTUSblog reports. As a result of the schedule, the case will be decided only months before the presidential elections, USA Today reports. The court gave the parties a total of 5 1/2 hours to argue the cases, apparently setting a modern record, SCOTUSblog says.

According to the Los Angeles Times, the law has arrived at the court “riding a surprising winning streak and carrying a constitutional stamp of approval from prominent conservative judges.”

Only three out of 12 federal appeals judges who considered the law voted to overturn it. The rulings provide arguments for upholding the law that could appeal even to some conservatives on the court, the newspaper says.

Washington Post:  The constitutionality of the 2010 health-care law could be determined by the Supreme Court this term, with a decision coming next summer in the thick of the 2012 presidential campaign.

The Justice Department said Monday evening that it had decided not to ask the full U.S. Court of Appeals for the 11th Circuit in Atlanta to take up the case. A three-member panel of the court last month decided 2 to 1 that Congress overstepped its authority in passing the Affordable Care Act, which requires virtually all Americans to obtain health insurance.

Although the department declined further comment, the logical next step for the Obama administration is to ask the justices to make what would be the final determination on the law’s fate.