Search Results ""Affordable Care ACt""

Is the health care mandate on life support?

Posted 1 year, 1 month ago.

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The centerpiece of the new federal health care law, and its most controversial part – the individual insurance mandate – looked to be doomed after the first hour of the Supreme
Court’s hearing on it Tuesday.

Tags: Donald B. Verrilli Jr. Michael A. Carvin Paul D. Clement Peter Jennings Project

The Court tees up the health mandate

Posted 1 year, 1 month ago.

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Amid sure signs that the Supreme Court Justices are deeply interested in the constitutionality of the new health care law’s key sections, and definite signs that they have been studying up for the task, they moved on Monday to get beyond the preliminaries and get set for Tuesday’s crucial two-hour hearing.

Tags: Anti-Injunction Act Antonin Scalia John G. Roberts Jr. Patient Protection and Affordable Care Act Peter Jennings Project Robert A. Long

Taking its place in history…

Posted 1 year, 1 month ago.

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Where, one may ask, will a Supreme Court ruling on the Patient Protection and Affordable Care Act stand in history?

Tags: Federalism James Madison Patient Protection and Affordable Care Act Peter Jennings Project Social Security Act Thomas Jefferson

Health care hearings – what to listen for (Part 2)

Posted 1 year, 2 months ago.

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Few exercises in interpreting the Constitution are as bizarre as the one that the Supreme Court and lower courts go through if they strike down only a part of a multi-faceted law, and then decide what of the remainder can survive.

Tags: Federalism Mitt Romney Peter Jennings Project

Health care hearings – what to listen for (Part 1 of 2)

Posted 1 year, 2 months ago.

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For both lawyers, most of the questions coming from the bench probably will be about Congress’s powers under the Commerce Clause, though some will explore the Necessary and Proper Clause, and at least a few questions may focus on the mandate as a form of tax.

Tags: Commerce Clause Federalism General Welfare Clause Gonzales v. Raich Necessary and Proper Clause Peter Jennings Project Wickard v. Filburn