Posts tagged “supreme court”
Affordable Care Act Upheld, Explained in a single paragraph →
From SCOTUSblog, via the Atlantic:
In Plain English: 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.
From the ruling:
Today we resolve constitutional challenges to two provisions of the Patient Protection and Affordable Care Act of 2010: the individual mandate, which requires individuals to purchase a health insurance policy providing a minimum level of coverage; and the Medicaid expansion, which gives funds to the States on the condition that they provide specified health care to all citizens whose income falls below a certain threshold. 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.
From the New Yorker:
On the last possible day, the Supreme Court upheld most of the Affordable Care Act. (Here’s a pdf of the opinion.) Who won, then? John Roberts, the Chief Justice, who put himself in the majority with the Court’s four liberals, and may have changed the definition of what we call “the Roberts Court”; President Barack Obama, whose first term was defined by it; our sense of how the balance of powers ought to work, and against, perhaps, our growing cynicism about the Court’s politicization (although there is a fine line between cynicism and simple prudence). A conservative court, and a conservative justice, upheld a law passed and treasured by liberals. This is not the way the Court has worked in recent years, for either side. “The Court does not express any opinion on the wisdom of the Affordable Care Act,” according to the majority opinion, written by Roberts. No one asked it to.
But, really, the winners are Americans—the more than fifty million of them who don’t have health insurance, but also the rest. Income and well-being have increasingly come to define each other; this is a victory for our sense of fairness, and that there need not be two Americas—one where, say, a mother can get good prenatal care and a cancer patient has choices, and another where pregnant women show up at emergency rooms, “preëxisting conditions” can be a death sentence, and medical costs are one of the leading causes of bankruptcy and foreclosure. It won’t be immediate. This is a major step toward American fairness.
And (surprisingly, from error/spoiler CNN), a nice page collecting lines from the justices.