Tabular Summary of the various voting blocs in the Supreme Court’s ACA decision
Posted on June 28, 2012 | Comment (1)
Below find a table summarizing the United States Supreme Court decision regarding the Affordable Care Act (ACA).
|Anti-Injunction Act (AIA)||Minimum coverage requirement—Commerce Clause||Minimum coverage requirement—taxing power||Medicaid expansion|
|John G. Roberts, Chief Justice||Does not apply||Unconstitutional||Constitutional||Constitutional, but threat to withhold all existing program funds for failure to implement the ACA eligibility expansion is unconstitutional.|
|Antonin Scalia||Does not apply||Unconstitutional||Does not apply||Strike entire expansion|
|Clarence Thomas||Does not apply||Unconstitutional||Does not apply||Strike entire expansion|
|Anthony Kennedy||Does not apply||Unconstitutional||Does not apply||Strike entire expansion|
|Samuel Alito||Does not apply||Unconstitutional||Does not apply||Strike entire expansion|
|Elena Kagan||Does not apply||Constitutional||Constitutional||Constitutional, but threat to withhold all existing program funds for failure to implement the ACA eligibility expansion is unconstitutional.|
|Sonia Sotomayor||Does not apply||Constitutional||Constitutional||Constitutional as is Medicaid’s existing penalty scheme.|
|Ruth Bader Ginsberg||Does not apply||Constitutional||Constitutional||Constitutional as is Medicaid’s existing penalty scheme.|
|Stephen Breyer||Does not apply||Constitutional||Constitutional||Constitutional, but threat to withhold all existing program funds for failure to implement the ACA eligibility unconstitutional.|
|Totals||9-0: AIA does not apply||5-4: individual mandate is unconstitutional under the Commerce Clause||5-4: individual mandate is constitutional under taxing power||Plurality disallows extension of existing Medicaid penalties to states’ failure to implement ACA eligibility expansion.|
September 27, 2012
President Barack Obama and former Massachusetts Governor Mitt Romney released essays in the New England Journal Medicine (NEJM) presenting their visions for the future of health care reform. Obama calls for additional steps to fix the nation's health care delivery system, including a "permanent fix to Medicare's flawed payment formula that threatens physicians’ reimbursement.” President Obama also pledges his commitment to life sciences research, distancing himself from vice presidential candidate Paul Ryan's proposal to slash medical research investments. Obama also touts various popular Affordable Care Act (ACA) provisions including the end of lifetime benefit caps, expanded preventive care services coverage, permitting young adults to remain on their parents insurance until age 26, rebates from insurance companies from the medical loss ratio (MLR) provision, and the efforts to reduce Medicare and Medicaid fraud. Romney touches on his premium support plan for Medicare, Medicaid block grants, and plan to prevent discrimination against patients with pre-existing conditions "who maintains continuous coverage."
September 19, 2012
According to a new Congressional Budget Office (CBO) report, about six million people will face tax penalties in 2016. This mean that two million more Americans than initially projected will face penalties from 2017 to 2022. These penalties translate into $7 billion. The CBO reported that 85 percent of the increase can is attributable to higher unemployment rates, lower wages, and "technical updates." CBO attributed little to the Supreme Court decision to make optional Medicaid expansion. This number makes up just a fraction of those who will remain uninsured after full Affordable Care Act (ACA) implementation - 30 million in total, according to CBO. Those exempt from the ACA's minimum coverage provision include illegal immigrants, low-income individuals, those without affordable insurance options, American Indian tribe members, and individuals whose religious beliefs precludes them from entering the market.
July 2, 2012
HealthReformGPS Editor, Sara Rosenbaum, and frequent guest contributor to HealthReformGPS, Timothy Jost, authored two Health Affairs pieces analyzing the Supreme Court's Thursday decision regarding the Affordable Care Act (ACA). Jost's post provides an overview of the Court's decision regarding the individual mandate while Rosenbaum's examines the Court's surprising Medicaid expansion ruling.
September 20, 2012
Yesterday, Oklahoma's attorney general Scott Pruitt filed suit challenging the Affordable Care Act (ACA). The challenge focuses on the penalties that large employers would pay if they do not offer affordable health care coverage for employees, as mandated under the ACA. Oklahoma had previously joined 25 other states in arguing that ACA was unconstitutional due to the minimum coverage provision. However, the Supreme Court upheld the constitutionality of the individual mandate in its landmark June 28th decision. The new complaint focuses on...
July 3, 2012
In NFIB v Sebelius the United States Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act (ACA or the Act). At the same time, the decision adds a new dimension to the implementation of §2001(a) of the Act, which establishes expanded Medicaid eligibility for certain low-income people. This Implementation Brief begins with a discussion of exactly what the Court held in its Medicaid ruling. It then discusses the significance of the majority conclusion, as well as the key implementation questions that arise in the wake of this opinion.