THIS IS A BIG @&%#*^! [POLITICAL QUESTION] DEAL!

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Health reform in the United States has been a complicated and lingering problem for nearly a century. Riddled with ardent political bickering and philosophical posturing over the appropriate role of government, the history of health-care reform proves to be one of the most challenging legislative undertakings, which presents with significant implications for America's federalist ideals and the millions of uninsured facing physical and economic hardships.

As part of a semester-long project beginning on the heels of completing my studies in Constitutional Law, I set out to explore whether the newly enacted Patient Protection and Affordable Care Act was apt to be treated as a "nonjusticiable political question," which is unsuited for judicial review.

Given the uncertain history of political questions as they have developed through Supreme Court precedent, I did not presume to say definitively that the new health-care regime was a nonjusticiable political question; rather I found, by way of tracing the history of health-care reform and the history of political questions, that the health-care reform appears to have all the markings of what the Court finds a political question to be. Thus, I submitted that this issue might be better left in the hands of our legislators than in the halls of a courtroom.

This project was completed as a prerequisite entry to The Thomas M. Cooley Law Review. Currently I am a third-year law student at Cooley Law and a Senior Associate Editor of the Law Review.

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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.

© Ryan James | Attorney Advertising

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