With the Patient Protection and Affordable Care Act concerning national health insurance now before the Supreme Court, we note an issue that received very little attention before it was argued on March 26 and the procedure developed for its consideration.
Despite the debate about the constitutionality of the insurance mandate (its severability if unconstitutional, and whether the ultimate costs to the states for participating in Medicaid is a violation of the general welfare or “spending” powers, issues that are also before the Court), few have commented about the jurisdictional issue. It may serve as a basis for the decision and could keep the court from becoming the center of the political storms that surrounded Gore v. Bush and Citizens United v. Federal Election Commission for either its action or inaction.
This content has been archived.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]
