THE UNEASY CASE FOR THE AFFORDABLE CARE ACT

Dean Erwin Chemerinsky says the Patient Protection and Affordable Care Act (ACA) is "clearly constitutional" -- that the case is "easy," and "not even... close." I disagree. The case for the mandate may end up winning, but it won't be easy. It's hard to follow...

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Bibliographic Details
Published in:Law and contemporary problems 2012, Vol.75 (3), p.17-27
Main Author: Sachs, Stephen E.
Format: Article
Language:English
Subjects:
Affordable Care Act
Broccoli
Commerce
Constitution
Constitutional law
Constitutions
Court ordered mandates
Courts
Federalism
Government mandates
Health care
Health care industry
Health care policy
Health insurance
Health policy
Income taxes
Individual health insurance mandates
Insurance regulation
Judiciary
Law
Laws, regulations and rules
Legal aspects
Legislation
Legislative power
Patient Protection & Affordable Care Act 2010-US
Patients
Political partisanship
Political power
Power
Public law
Right Wing Politics
Self insurance
Statutory law
U.S.A
United States
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Summary:Dean Erwin Chemerinsky says the Patient Protection and Affordable Care Act (ACA) is "clearly constitutional" -- that the case is "easy," and "not even... close." I disagree. The case for the mandate may end up winning, but it won't be easy. It's hard to follow the debate over the individual mandate -- and the many court decisions it has produced -- and conclude that there is nothing going on here but raw politics. The mandate raises deep issues of the scope of federal power, the reach and correctness of existing doctrine, and the right way to interpret the Constitution. Adapted from the source document.
ISSN:0023-9186
1945-2322