Think tanks comment on Supreme Court ACA ruling

Posted on July 2, 2012 | No Comments

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The Brookings Institution published this review of the United States Supreme Court’s ruling on the Affordable Care Act (ACA).

The RAND Corporation issued this commentary regarding the decision.

The Heritage Foundation responded to the decision with this press release.

The American Enterprise Institute recently published this policy analysis in response to the ruling.

Michael Cannon, the director of health policy studies at the Cato Institute, published this article regarding the decision.

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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.
The Supreme Court handed down its long-awaited ruling in the case of National Federation of Independent Businesses et al. v. Sebelius, Secretary of Health and Human Services, et al., upholding the individual requirement to maintain insurance coverage as a reasonable exercise of Congress’s taxing and spending authority and also upholding the constitutionality of the Medicaid coverage expansion. In a surprise coalition, Chief Justice Roberts was joined in his majority opinion by Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. The summary below describes the majority opinion, the concurring opinion (authored by Justice Ginsburg), and the dissenting opinion (written by Justice Scalia). Because the Court upheld the individual mandate, it never reached...
On September 28, 2011, the United States Justice Department (DOJ) asked the United States Supreme Court to review the decision of the court of appeals for the Eleventh Circuit striking down as unconstitutional what the DOJ terms the law’s “minimum coverage provision.” In seeking Supreme Court intervention, the DOJ sought review on two matters: first, whether Congress exceeded its Commerce Clause powers, as enhanced by the Necessary and Proper Clause; and second, whether the Anti-Injunction Act bars the challenges from proceeding in the first place.
Since the enactment of the Affordable Care Act (ACA), at least 27 lawsuits have been filed challenging the constitutionality of various provisions of the law. While nearly half of the lawsuits have been dismissed on procedural grounds, three district courts have found provisions challenged to be constitutional, and three have found them to be unconstitutional. Previous HealthReform GPS Implementation briefs/updates have discussed these lower court decisions. Following appeals of each of these rulings, the United States Courts of Appeals in the Fourth, Sixth, and Eleventh Circuits have now issued decisions as well. Most importantly, the appellate decisions continue to reflect a split in judicial opinion regarding the constitutionality of the Affordable Care Act’s individual mandate. Other important issues addressed by the appellate rulings concerned the constitutionality of the ACA Medicaid expansion and the question of whether the trial court in the Virginia cases (Liberty University v. Geithner and Commonwealth of Virginia v. Sebelius) had the authority to hear the cases at all.
This is an updated version of a brief originally published on November 15, 2010. Shortly after President Obama signed the Patient Protection and Affordable Care Act (ACA)[1] into law, opponents of the law filed a series of legal challenges in federal court. This health reform implementation brief provides an overview of the legal challenges by identifying and providing summaries of the two major cases filed by states and select claims, not raised by the states, from other cases.
Below find a table summarizing the United States Supreme Court decision regarding the Affordable Care Act (ACA)...