Understanding the Health Care Reform Litigation

Publication Title

Jurist

Keywords

Supreme Court, PPACA, ACA, Individual Mandate, Commerce Clause, Medicaid, Anti-Injunction Act, Jurisdiction

Document Type

Article

Abstract

This article provides a concise overview of the pending challenge to the constitutionality of the Affordable Care Act. The United States Supreme Court has granted an extraordinary six hours for oral argument to consider four issues: the applicability of the Anti-Injunction Act; the constitutionality of the individual mandate; the constitutionality of the Medicaid expansion; and the severability of the individual mandate from the rest of the ACA. This article also provides information about the ACA provisions at issue, the background litigation, logistics of the oral argument, and resources for additional information about this complex, historic challenge.

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