Day Three of Supreme Court Arguments
by Christina
Sochacki R.N., J.D.
[As published on CAHC.net, here]
This morning’s arguments centered around the question: If the Court strikes
down the mandate, what happens to the rest of the law? With hundreds of pages of
text, including sections concerning the Indian Act, black lung disease, wellness
programs, and others, which, arguably, have no relation to the individual
mandate, the court must decide if one part of the law is invalidated, is it
severable and to what extent, from the rest of the law.
Health Law and Policy
Thursday, March 29, 2012
ACA On Trial Part IV: The Individual Mandate
Day Two of Supreme Court Arguments
by Christina Sochacki R.N., J.D.
[As published at CAHC.net, here]
And now, for the main event. For two hours today, oral arguments were heard on the most anticipated question – Is the “minimum coverage” provision of the act a valid regulation of the health insurance market, or an unconstitutional burden on a person’s choice to not buy insurance.
by Christina Sochacki R.N., J.D.
[As published at CAHC.net, here]
And now, for the main event. For two hours today, oral arguments were heard on the most anticipated question – Is the “minimum coverage” provision of the act a valid regulation of the health insurance market, or an unconstitutional burden on a person’s choice to not buy insurance.
Monday, March 26, 2012
ACO on Trial Part III: Tax or Penalty?
Day One of Supreme Court Arguments
by Christina Sochacki R.N., J.D.
[As published at CAHC.net, here]
Tax or Penalty? The First Issue before the Supreme Court Today marks the beginning of the Supreme Court’s debate about the fate of the Patient Protection and Affordable Care Act (ACA). This morning, 90 minutes are dedicated to the first issue: standing. This is a question about whether the Supreme Court is even allowed to rule on the arguments regarding the individual mandate, the meat of the challenge before the Court.
by Christina Sochacki R.N., J.D.
[As published at CAHC.net, here]
Tax or Penalty? The First Issue before the Supreme Court Today marks the beginning of the Supreme Court’s debate about the fate of the Patient Protection and Affordable Care Act (ACA). This morning, 90 minutes are dedicated to the first issue: standing. This is a question about whether the Supreme Court is even allowed to rule on the arguments regarding the individual mandate, the meat of the challenge before the Court.
Wednesday, March 21, 2012
ACA on Trial Part II: Possible Outcomes
As published on the CAHC website here.
In Part I of our multi-part piece on the Affordable Care Act (“ACA”) in the Supreme Court, CAHC took a brief look at the issues before the Court. In this Part II, CAHC presents a diagram demonstrating the possible outcomes when the high court hands down its decision at the end of its term in June.
But note, while the ACA sits before the Supreme Court, the justices might not be the only threat to its provisions. The Court is expected to hand down its decision at the end of their term, just months before the 2012 election. While implementation of the law has already begun, the largest part, the individual mandate, does not take effect until after the election, in 2014. Defund and delay tactics through a Republican President or control in the Senate or House could pose a bigger threat to implementation than the Supreme Court. Yet, until a decision is reached, we wait with bated breath.
In Part I of our multi-part piece on the Affordable Care Act (“ACA”) in the Supreme Court, CAHC took a brief look at the issues before the Court. In this Part II, CAHC presents a diagram demonstrating the possible outcomes when the high court hands down its decision at the end of its term in June.
But note, while the ACA sits before the Supreme Court, the justices might not be the only threat to its provisions. The Court is expected to hand down its decision at the end of their term, just months before the 2012 election. While implementation of the law has already begun, the largest part, the individual mandate, does not take effect until after the election, in 2014. Defund and delay tactics through a Republican President or control in the Senate or House could pose a bigger threat to implementation than the Supreme Court. Yet, until a decision is reached, we wait with bated breath.
Thursday, March 8, 2012
ACA on Trial - Part I: Lower Court Cases and Rulings
Health Law and Policy presents a summary of the lower court rulings on the ACA leading up to the Supreme Court's grant of certiorari. [as published on the CAHC website here.]
The Affordable Care Act (ACA) on Trial - Part I: An Overview
On November 14, 2011, the Supreme Court decided to hear a combined case from 26 states[1] the National Federation of Independent Business[2], and the Federal Government[3] addressing four challenges to the Patient Protection and Affordable Care Act (ACA)[4].
There are four questions before the Supreme Court:
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