The newly revamped, official blog of the Supreme Court of the United States has come out with an overview of where the Affordable Care Act stands at the moment in terms of its constitutionality. This post, aimed at law students, is a useful crash course in constitutional law for the legal lay person or a refresher course for practicing attorneys.

The heart of this issue is whether Congress has the power, by passing the Act, to require uninsured individuals to buy health insurance no later than 2014 or to pay an annual penalty for failing to do so. Congress has implemented this requirement by relying on its constitutional authority to regulate interstate commerce. Challenges to the Act focus on the argument that the activity at issue – purchasing health care insurance – does not substantially implicate interstate commerce.

The article addresses further obstacles facing the Supreme Court in deciding this issue. One is whether the Court has jurisdiction to take a case on the topic. Another is whether the plaintiffs challenging the law have standing to bring their action. The Justices will decide this week if they are able review the Act as it was challenged in Thomas More Law Center v. Obama, a case from the Sixth Circuit, which upheld the individual health care insurance mandate. Even if the Justices accept this appeal, a decision may not come down until as late as spring 2013.