Reframing federalism--the Affordable Care Act (and broccoli) in the Supreme Court.
نویسندگان
چکیده
The U.S. Supreme Court decision to uphold most of the Affordable Care Act (ACA), including the insurance-coverage requirement, allows historic reforms in the health care system to move forward.1,2 Because the justices were split four to four on whether the ACA was constitutional, Chief Justice John Roberts was able to write the lead opinion that commanded five votes for whatever outcome he determined was constitutional. The chief justice’s leadership in upholding almost all of the ACA was unanticipated, as was much of his legal reasoning. It was widely assumed that the interpretation of the Commerce Clause by the Court would determine whether the Constitution authorized Congress to require individuals to purchase a product from private companies, something Congress had never done before and, therefore, something the Court had never considered.3,4 It was not surprising that the chief justice found no Commerce Clause authority for the individual mandate. The surprise was that he saved the individual mandate by determining that it was a constitutional tax. The chief justice received support for each of these conclusions from two different four-justice groups, sometimes referred to as the liberal and conservative wings of the Court. Perhaps most unexpected, seven justices voted to limit the power of the federal government to impose conditions on federal funding allocated to the states.
منابع مشابه
The supreme court and the affordable care act.
On March 4, the Supreme Court will hear oral arguments in King v. Burwell. The case involves the availability of tax credits in federally-run, as opposed to state-run, health care exchanges under the Affordable Care Act (ACA). If the Court eliminates the credits, premiums will rise and millions of Americans will be left uninsured. One study estimates that each year, 9,800 of them will die as a ...
متن کاملThe Affordable Care Act, Five Years Later: Policies, Progress, and Politics.
The Affordable Care Act, which recently survived a second Supreme Court challenge, has increased health care access without causing most of the disruption critics feared.
متن کاملAn oncology perspective on the Supreme Court's pending decision regarding the Affordable Care Act.
Beginning on March 26, 2012, the Supreme Court of the United States heard oral arguments regarding challenges to the recent federal health care reform legislation. The Court scheduled this unusually lengthy series of arguments to last for three days—a reflection of both the high stakes and the complexity of the legal issues involved. Whatever the Court ultimately decides, the outcome will have ...
متن کاملReconsidering employer-sponsored health care: four paths to long-term strategic change.
With Supreme Court and election uncertainty now resolved over the Patient Protection and Affordable Care Act (ACA), employers are recognizing the need for immediate action and reassessing the role they play in promoting and insuring the health of their population. Centered on a consistent need to have a workforce that is healthy, present and high-performing, employers face four possible strateg...
متن کاملذخیره در منابع من
با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید
برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید
ثبت ناماگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید
ورودعنوان ژورنال:
- The New England journal of medicine
دوره 367 12 شماره
صفحات -
تاریخ انتشار 2012