Stuart Gerson Quoted in Article, “With Supreme Court Having Heard Case, Attorneys Speculate on Future of Health Law”

Bloomberg's BNA Human Resources Report

Stuart Gerson, a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the Washington, DC, office, was quoted in an article titled "With Supreme Court Having Heard Case, Attorneys Speculate on Future of Health Law," written by Mary Anne Pazanowski.

Following is an excerpt:

Following last month's oral argument in the U.S. Supreme Court, most handicappers are predicting the death of a controversial health care overhaul law provision that requires individuals by 2014 to have health care insurance or pay a penalty ?...

Stuart Gerson, a former acting U.S. attorney general now with Epstein Becker Green, told BNA there is a possibility the tax bar could come up as a bargaining chip during deliberations among the justices.

If there is trouble reaching a majority on the individual mandate issue, or if the only way for the court's more liberal wing to salvage it is to delay the vote, the justices could opt to apply the AIA and put the case off until at least 2015, Gerson said.

He emphasized, though, that that is just a "possibility."

Gerson agreed that "it's hard to tell how it will come out." Those predicting the mandate's demise may be "overestimating" their ability to prognosticate, he said.