Allen to Capella post here on background information about the case. Major provisions of the law.
26Mar12 Affordable Care Act at the U.S. Supreme Court
Overview coverage:
http://www.npr.org/blogs/health/2012/03/26/149218060/4-questions-that-could-make-or-break-the-health-care-law
Background info on the U.S. Affordable Health Care Act & the ensuing court battles
http://www.nytimes.com/interactive/2012/03/19/us/guide-to-supreme-court-challenges-to-obama-health-care-law.html?ref=affordablecareact
The Supreme Court is trying to answer four questions:
ReplyDelete1. Should the Tax Anti-Injunction Act which requires people to pay a tax they disagree with and then challenge it, prevent the court from even considering this bill right now? Under the health care law, the penalty for not having health insurance, doesn't kick in until 2015, so the argument is that there is no case because nobody has paid the penalty or suffered any financial injury yet.
2. Is it constitutional for the US Government to require citizens to purchase health insurance?
3. If the mandate is struck down, would all of the other provisions in the law fall, or, if not, which parts of it can remain standing?
4. Does the Medicaid expansion in the health care law unconstitutionally coerces states into participating in the program? The states either have to participate in the Medicaid expansion or opt out of the entire program, which would mean the loss of many benefits for the state and its citizens.
The Affordable Health Care Act is arguably the longest government argument that will last 6 hours over a 3 day period. If put into place, it will require everyone to have health insurance or they will face a penalty. The government is arguing that everyone consumes healthcare, but at different times. No one plans to get sick or hurt and if they do not have health insurance when they do, then others are picking up the tab for their illnesses. People that are against the law are saying that this is the first time that the government has forced people to have something, even if they do not want it and the government simply does not have that much power.
ReplyDeleteThe article, 'Four Questions That Could Make or Break The Health Care Law' highlights that the government is requiring people to buy and pay for something they may not want to have, or may not be able to afford. The government fights back stating that people in their life will eventually need some type of health care and instead of tax money and people who already have insurance to pick up the tab, everyone should have it to not deal with this large problem. Many think this reasoning is not good enough, and this a national health care plan is not necessary.
ReplyDelete