Virginia was the first state to file a motion against the health care law under the claim that the individual mandate, which in effect requires citizens to purchase a health care policy or face a penalty, is an unconstitutional overreach of the federal government.
"At issue is whether the government has the power to impose that requirement," Getchell said. "Congress is attempting to exercise a power it has not exercised in 200 years."
Getchell said the argument for the mandate's unconstitutionality is "doctrinally modest," and the suggestion that the law is constitutional is "extravagant." The power claimed by Congress in the bill is novel and unprecedented, he said.
"In terms of federal power, this is the case of the generation," he said in an interview with The Dartmouth.
The Supreme Court case United States v. Morrison which ruled that portions of the 1994 Violence Against Women Act exceeded Congress' regulatory power under the Commerce Clause addressed similar issues, he said.
Currently, 28 states have filed lawsuits against the federal government, with 25 filing a joint lawsuit with the state of Florida, and Virginia and Oklahoma filing individual suits. The Supreme Court will hear oral arguments regarding the former case, Florida v. Department of Health and Human Services, in March.
Instead of the usual one-hour allotment, over five hours have been granted to hear the case as a result of its importance, according to Rockefeller Center Associate Director Ronald Shaiko.
Getchell said that, to his knowledge, this is first time in American history that a clear majority of states has sued the federal government claiming it has exceeded its power,
A ruling in favor of the states would not greatly affect citizens, Getchell said.
"If the Supreme Court rules PPACA unconstitutional, it will have no effect that anybody will notice because the position against the constitutionality of Obamacare' is very modest," Getchell said. "It doesn't require the Court to reverse a single case or change any doctrine,"
Yet if all aspects of the bill are upheld, the decision will alter the scope of Congress' power, according to Getchell.
"Having a power in Congress that has no principal limits fundamentally alters the relationship between the national government and the citizens," he said.
A decision in the states' favor could also give Republican political candidates momentum, according to Shaiko.
The Court is expected to announce its decision in late June, which coincides with national and local campaigns.
Getchell's lecture part of the Brooks Family Lecture Series was the first of two health care-related visits hosted by the Rockefeller Center. The Rockefeller Center has invited Neal Katyal '91, former acting U.S. Solicitor General, to provide the federal government position on the health care bill's constitutionality.
While Getchell was unable to visit Shaiko's public policy class due to scheduling conflicts, he met with students over dinner in an event hosted by PoliTALK.
Tyler Kuhn '14, PoliTALK's discussion group leader, said he believes students sometimes focus more on the executive and legislative branch when examining the policy-making process.
"From the Rockefeller Center's perspective, it's important for students to understand that the judiciary branch has a role in public policy as well," he said.
Emmanuel Kim '15, who hopes to eventually enroll in law school, said he attended the lecture due to his interest in learning about the foundations of both arguments.
"I don't think this is about health care," he said. "This is bigger than that. It pertains to every aspect of our lives potentially."
