Health Reform (ACA) is Upheld by Supreme Court

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Health Reform (ACA) is Upheld by Supreme Court

 

Today, the Supreme Court issued an opinion related to health care reformA divided Supreme Court upheld the constitutionality of the Obama administration's health-care law. The court said Congress was acting within its powers under the Constitution when it required most Americans to carry health insurance or pay a tax. Chief Justice Roberts' vote saved the ACA.

The Affordable Care Act, including its individual mandate that virtually all Americans buy health insurance, is constitutional. There were not five votes to uphold it on the ground that Congress could use its power to regulate commerce between the states to require everyone to buy health insurance. However, five Justices agreed that the penalty that someone must pay if he refuses to buy insurance is a kind of tax that Congress can impose using its taxing power. That is all that matters. Because the mandate survives, the Court did not need to decide what other parts of the statute were constitutional, except for a provision that required states to comply with new eligibility requirements for Medicaid or risk losing their funding. On that question, the Court held that the provision is constitutional as long as states would only lose new funds if they didn't comply with the new requirements, rather than all of their funding.

The bottom line is that the entire ACA is upheld, with the exception that the federal government's power to terminate states' Medicaid funds is limited.

Please see below for a detailed overview of each opinion.

health reform supreme court ruling

  1. The individual mandate survives as a tax. The only effect of not complying with the mandate is that you pay the tax. The Court holds that the mandate violates the Commerce Clause, but that doesn't matter b/c there are five votes for the mandate to be constitutional under the taxing power. The Court holds that the Anti-Injunction Act doesn't apply because the label "tax" is not controlling.
     
  2. The Medicaid provision is limited, but not invalidated.  A majority of the Court holds that the Medicaid expansion is constitutional but that it will be unconstitutional for the federal government to withhold Medicaid funds for non-compliance with the expansion provisions. Another way to think about Medicaid is that the Constitution requires that states have a choice about whether to participate in the expansion of eligibility; if they decide not to, they can continue to receive funds for the rest of the program.

Click here to read the official opinion.


defined-contribution-health-benefits

Note: This should not be taken as legal or tax advice.

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Comments

From the beginning of the Chief's opinion: "We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation's elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions."
Posted @ Thursday, June 28, 2012 10:03 AM by Rick Lindquist
While the individual mandate is upheld, what about the practical implications of State exchanges? I believe that in the law, if States did not set up exchanges by 2014, the federal government could/would do it. However, the media today is commenting that HHS does not and will not have the resources to set up and manage State exchanges. Hence, if no exchanges, competition, choice, etc, how will individuals who can't afford insurance now, afford it then? How does this impact actual implementation of a key aspect (State exchanges)?
Posted @ Thursday, June 28, 2012 10:13 AM by David Cleary
John Cushman at the New York Times writes, “The decision was a striking victory for the president and Congressional Democrats…” http://www.nytimes.com/2012/06/29/us/supreme-court-lets-health-law-largely-stand.html  
 
Josh Levs at CNN has an article entitled “What the health care ruling means to you” http://www.cnn.com/2012/06/28/politics/supreme-court-health-effects/index.html  
 
Anna Wilde Matthews at the Wall Street Journal writes, “After months of uncertainty as the federal health-care overhaul faced legal challenges, the industry—which at $2.7 trillion represents 17.9% of the nation's gross domestic product—has a clearer picture of what's in store.” http://online.wsj.com/article/SB10001424052702304441404577479042245939300.html?mod=googlenews_wsj  
 
Mike Dorf at Dorf on Law says: "I haven't yet read the full opinion, but the very fact that he [The Chief Justice] sustained the Act as a tax shows that he has a deeply anti-formalist streak." http://www.dorfonlaw.org/2012/06/obamacare-upheld-thanks-to-cj-roberts.html  
 
Senators have been commenting (and tweeting) on the decision. Senate Majority Leader Harry Reid (D - Nev.) tweets, “Now that the matter is settled, I hope that we can work together to create jobs and secure this country’s economic future. https://twitter.com/SenatorReid  
 
Senate Republican leader Mitch McConnell (R - Ky) said, “Today's decision makes one thing clear: Congress must act to repeal this misguided law. Obamacare has not only limited choices and increased health care costs for American families, it has made it harder for American businesses to hire,” CBS news reports. http://www.cbsnews.com/8301-250_162-57462646/supreme-court-upholds-health-care-mandate/  
 
David A. Fahrenthold and Ed O’Keefe at the Washington Post write, “Now that the health-care law has been largely upheld by the Supreme Court, the GOP-controlled House plans to vote to repeal it--again.” http://www.washingtonpost.com/politics/following-supreme-court-health-care-ruling-house-gop-will-again-try-to-repeal-the-law/2012/06/28/gJQAh2S68V_story.html  
 
The Washington Post has a photo gallery posted here: http://www.washingtonpost.com/politics/supreme-court-upholds-health-care-law-individual-mandate/2012/06/28/gJQAykD88V_gallery.html#photo=1
Posted @ Thursday, June 28, 2012 10:41 AM by Rick Lindquist
@David 
 
All great questions... we will see answers soon, I bet...
Posted @ Thursday, June 28, 2012 10:42 AM by Rick Lindquist
I think what is disappointing is that for as far as this law goes there are tons of loopholes to still cause suffering for those who suffer in the system.  
 
If you're interested, here's what I'm working on to create some positive change. 
 
http://www.kickstarter.com/projects/1139799717/the-malformation-of-health-care
Posted @ Monday, July 23, 2012 10:22 PM by Erin
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