The U.S. Supreme Court is hearing arguments this week on the constitutionality of the Patient Protection and Affordable Care Act1 (ACA), the contentious, complex and costly overhaul of the nation’s health care system that was enacted in 2010 and that is to be phased in over several years. It is an indication of just how much is at stake in this case that the Court has scheduled six hours of oral arguments over three days, from March 26-28. In an effort to provide some background, this column will briefly summarize the challenges to the law, and the major pro and con arguments that have been advanced thus far.
Law
Two of the most controversial parts of the ACA are the mandate that certain individuals carry at least a minimum amount of health insurance or pay a penalty, and the requirement that states expand their Medicaid programs. Numerous lawsuits have been filed challenging the constitutionality of the ACA. The Supreme Court has chosen to review a lawsuit brought by 26 states, by the National Federation of Independent Businesses, and by certain individuals alleging that the ACA’s imposition of the individual mandate exceeds Congress’ constitutional powers. The lawsuit also alleges that the law’s mandatory expansion of Medicaid violates the Tenth Amendment by forcing the states to expand the benefits they provide under their Medicaid programs.2
Standing
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]