|
 |
 |
|
New solicitor general expected to argue mandate cases
Legal observers expect newly installed Solicitor General Donald Verrilli to personally argue cases over the healthcare reform law, as his predecessor did.
Verrilli was sworn in as solicitor general on Friday. He replaced acting Solicitor General Neal Katyal, who argued the healthcare suits himself in federal appeals courts. Legal scholars said that move was unusual — although the solicitor general represents the federal government before the Supreme Court, the Justice Department rarely sends its top litigator into circuit courts.
Katyal’s presence was a sign of how serious the cases are, scholars said.
Simon Lazarus, public policy counsel for the National Senior Citizens’ Law Center, said he expects Verrilli will also handle arguments over the healthcare law’s requirement that most people buy insurance.
“I’m sure the Obama administration is going to want to match the firepower of the opposition,” Lazarus said. His organization has filed a brief defending the mandate.
He said he doubts that any other part of Verrilli’s new job is as crucial as defending the coverage mandate — a cornerstone of the healthcare law. Even the federal government has acknowledged that without the mandate, it would be almost impossible to require insurance companies to cover people with pre-existing conditions.
Critics of the coverage mandate say it's unconstitutional because Congress does not have the power to make people participate in an economic activity. Supporters argue that the mandate simply regulates how people pay for healthcare services they will inevitably need, saying it falls well within Congress's power to regulate interstate commerce.
