Friends of the Court (and the Affordable Care Act)
The Affordable Care Act (ACA) has friends in high places, and they are letting the world know it. “Amicus Curiae” means “friend of the court” and is the name for a person or group who is not officially the plaintiff or defendant in a lawsuit, but who has good reason to be concerned about the case and offers an opinion based on special experience or expertise to the court regarding the case. Now pending in the Supreme Court is a case challenging the validity of portions of the ACA. Friends of the court are now submitting “amicus curia” briefs to the Supreme Court defending the ACA.
One important friend on the ACA’s side is Illinois Attorney General Lisa Madigan. Recently, she and twelve other attorneys general filed briefs before the Supreme Court arguing that the individual mandate is constitutional as a valid exercise of the constitution’s Commerce Clause. The opponents have argued that the ACA’s “individual mandate” (imposing a tax penalty on anyone who remains uninsured after the ACA is implemented) is beyond the scope of Congress’s power to act under the Commerce Clause. As one of the amici notes, "The healthcare industry takes up at least one-sixth of our economy. If anything is interstate commerce, it's healthcare.”
We say “thanks” to these Attorneys General, including our own Lisa Madigan, for supporting this monumental legislation—they are truly looking out for all of their constituents.
However, it’s not just lawyers who are lining up to support the ACA. Many friends of the law have significant medical expertise, including the American Academy of Pediatrics, the American Nurses Association, the American Cancer Association, and the American Diabetes Association. Other amici are familiar with the intricacies of running health systems, including the American Hospital Association and the Catholic Health Association of the United States, as well as the National Association of Children’s Hospitals. Other friends include Nobel Prize winning economists, the AARP, small business groups and numerous academics. The Shriver Center has joined as “amicus curiae” in two briefs in support of the ACA: one led by the National Women’s Law Center pointing out the tremendous positive impact of the law on women’s health; and the other led by the National Health Law Program that defends the Act’s Medicaid expansion as a valid exercise of congressional authority.
Having experts support the ACA in the Supreme Court is important, but it is also important that everyone who will be affected by this law take a stand in support of it. This law will affect all Americans—whether it is by providing affordable coverage, allowing young adults to stay on their parents insurance, or any of the myriad other benefits the law offers. Share this information with people—research shows many people don’t know how the ACA can help them. Let your friends, neighbors and co-workers in on the good news. .
