Supreme Court to Hear Challenges to Health Care Reform

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The Supreme Court announced on Monday, November 14, 2011 that it will hear challenges to the Patient Protection and Affordable Care Act (PPACA). President Obama signed PPACA on March 23, 2010, and legal challenges to the landmark federal health care reform law arose almost immediately. Of the several petitions before it, the Supreme Court chose to review questions from three out of the 11th Circuit, the only circuit court to invalidate the requirement that individuals have health insurance. The Court has agreed to hear the following questions:

1. Whether Congress had the power under Article I of the Constitution to enact the individual mandate provisions of PPACA;

2. If the individual mandate is not constitutional, to what extent (if any) the mandate can be severed from the remainder of PPACA;

3. Whether current challenges to the individual mandate are barred by the tax Anti-Injunction Act, which prohibits a legal challenge to a tax before the tax is paid; and

4. Whether PPACA’s expansion of Medicaid is unconstitutionally coercive to the states.....

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Published In: Conflict of Laws Updates, Constitutional Law Updates, Health Updates, Insurance Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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