As of this writing, the Supreme Court has yet to announce its decision on Obamacare. It has not even announced when it will reveal its decision. Still, if much about the court's conclusion remains a mystery, two things are pretty clear: 1) the court will almost surely hand down something complex, and 2) whatever it decides, uncertainty will continue to plague business and investment decision making.

Apart from the court's decision about whether it can decide anything until the law goes into effect, it is focusing on two matters. The big issue is the individual mandate and whether it violates the constitution to demand, as Obamacare does, that individuals purchase healthcare insurance. The second issue is Medicaid expansion and whether it exceeds the limits of federal authority to demand, as Obamacare does, that states provide a certain level of healthcare insurance coverage for all those with incomes up to 133% of the federal poverty line.

Those who claim to have insight into the legal principles and justices involved point to a muddle. The court, they argue, will neither throw out the entire law nor pass on all of it. Rather, the justices will strike down certain aspects, demand modifications elsewhere and accept whole still other parts of it.

Complete your profile to continue reading and get FREE access to Treasury & Risk, part of your ALM digital membership.

  • Critical Treasury & Risk information including in-depth analysis of treasury and finance best practices, case studies with corporate innovators, informative newsletters, educational webcasts and videos, and resources from industry leaders.
  • Exclusive discounts on ALM and Treasury & Risk events.
  • Access to other award-winning ALM websites including and

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.