Thursday, June 28, 2012

Supreme Court: ACA individual mandate is constitutional

In a 5-4 ruling, the Supreme Court has held the individual mandate provision of the Affordable Care Act to be constitutional, but not as a valid exercise of Congress’s power under the Constitution to regulate interstate commerce. Instead, the mandate, codified as Sec. 5000A of the Internal Revenue Code, is upheld as within Congress’s power under the Taxing Clause. Chief Justice Roberts was joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan to reach this result.
In addition, the provisions expanding Medicaid have been narrowed, but not invalidated. The remainder of the ACA, including all reforms of the individual and group insurance markets, remains intact.
It’s a complicated decision, with multiple concurrences and dissents. We’ll provide in-depth analysis of the ruling later today.


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