The Supreme Court’s Ruling on the Affordable Care Act: The Debate Continues – Westlaw Journal Insurance Bad Faith
Lori Ann Buza published an article entitled “The Supreme Court’s Ruling on the Affordable Care Act: The Debate Continues.” The article explored the constitutionality of the Affordable Care Act, its history, and some of the major issues surrounding it, as decided by the US Supreme Court on June 28, 2012. The article was published in the Westlaw Journal Insurance Bad Faith on October 2, 2012. Buza explains the reasoning of the U.S. Supreme Court’s ruling which upheld virtually all of the Affordable Care Act’s primary provisions. This was a controversial decision whereby Chief Justice Roberts wrote the decision in the 5-4 split of the Court. Buza’s article details the main points of the Supreme Court decision and its discussion of the two most contested sections (of the 10 titles) contained in the Affordable Care Act: the Individual Mandate and the Medicaid Expansion. The article explains the case majority opinion which includes a discussion on the Anti-Injunction Act, Congress’ authority (under its commerce power and its taxing and spending powers) to write the Individual Mandate and the Medicaid Provision, and the possibility of severability of the provisions of the Affordable Care Act. It explained the Court’s position and role on policing the boundaries of the government’s powers in the enactment of the Affordable Care Act.
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