U.S. Supreme Court Looking at the Affordable Care Act

The U.S. Supreme Court heard oral arguments last week in the case of Florida v. HHS, the federal case that will decide whether and how much of the Affordable Care Act (“ObamaCare”) will survive. The oral arguments are the last public step in the legal process that will likely culminate in a decision from the Supreme Court by the end of June.

Plaintiffs, who include 26 states (including Wyoming) and the National Federation of Independent Businesses (NFIB), argued to the Court that the Affordable Care Act’s mandate that most Americans purchase health insurance or pay a penalty is unconstitutional and that the rest of the Act must be struck down along with the individual mandate. The United States argued that the mandate is a proper exercise of the federal government’s power under the Commerce Clause of the United States Constitution.

In addition to arguments over the individual mandate, the parties argued to the Court over (a) whether the Justices could hear the case now under the Anti-Injunction Act (AIA), (b) what parts of the Affordable Care Act could be severed from the individual mandate if the mandate were held unconstitutional, and (c) whether the Affordable Care Act’s provisions for states’ expansion of Medicaid eligibility are unconstitutional.

 More in June ….

 
Thanks to Aon Hewitt, international human resources and insurance firm, for the basis of this article.

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