The Constitutionality of the Individual Mandate May Affect the Fate of the Entire Affordable Care Act

more+
less-

If the Supreme Court decides that the individual mandate is not constitutional, the next question the Justices will need to answer -- and the question the Justices grappled with in the morning of the third day of oral arguments -- is whether the rest of the Affordable Care Act can stand on its own without the individual mandate. The Justices heard arguments that the individual mandate should fall by itself, that it should fall along with a few provisions inextricably tied to it, and that it should take down the entire Act. The main points of discussion focused on the following three issues: (1) Is the individual mandate "essential" to the rest of the Act? (2) Would severing the individual mandate alone raise problems of "adverse selection?" and (3) Can the Affordable Care Act function financially without the individual mandate?

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, Constitutional Law Updates, Health Updates, Insurance 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.

© Robert Pohls, Pohls & Associates | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »