Last month, the United States’ highest court heard oral arguments on what has become the most controversial piece of legislation in recent history, the Patient Protection and Affordable Care Act (PPACA). Many of us wait eagerly for a final decision, which is expected to be published in June. Some key background information is listed below to help put things in perspective.
The Justices
The U.S. Supreme Court consists of one Chief Justice and eight additional Justices, appointed by various presidents, who are tasked with interpreting the Constitution and other legal issues. The Justices enjoy life tenure, a tactic purposefully employed by the founding fathers to ensure the Court could maintain impartiality against their counterparts in the legislative and executive branches, and further serve as a meaningful checkpoint in the democratic system. Stephen B. Presser, a professor at Northwestern University School of Law, explains, “Since 1788, in the famous defense of the Constitution set forth by Alexander Hamilton in the Federalist Papers, it has been understood that it is the task of the Supreme Court to rein in majoritarian legislatures when they go beyond what the Constitution permits.”