Is the Affordable Care Act Constitutional?
By Ashwin Madia, Attorney, on December 15, 2011
Posted in U.S. Supreme Court
The U.S. Supreme Court will hear arguments regarding the constitutionality of The Patient Care and Affordable Care Act in March 2012. The Affordable Care Act stands as President Obama’s signature domestic achievement, promising affordable health insurance to every American. Congress narrowly passed the statute in March 2010 after a heated national debate — opponents quickly filed suit to have key provisions declared unconstitutional. Of the four federal appellate courts to rule thus far, three have upheld the law in its entirety while one declared the Act’s key provision – the individual mandate – unconstitutional. This newsletter will discuss the background and important provisions of the Act, key arguments on both sides of its constitutionality, and what will likely prove to be the most important factor in the Supreme Court’s ultimate decision.