The court is considering four key questions:
1. Does the law overstep federal authority, particularly with
the “Individual Mandate”
2. Must the entire Patient Protection and Affordable Care Act be
scrapped if that key provision is unconstitutional?
3. Are the lawsuits brought by the states and other petitioners
barred under the Anti-Injunction Act?
4 Are states being “coerced” by the federal government to expand
their share of Medical costs and administration, with the risk
of losing that funding if they refuse?
Everything hinges on the mandate, also known as the “minimum coverage” or “must-buy” provision. It is the key funding mechanism – the “affordable” aspect of the Patient and Affordable Care Act – that makes most of the other 450 or so provisions possible.
It would require nearly all Americans to buy some form of health insurance beginning in 2014 or face financial problems. May the federal government, under the Constitution’s Commerce Clause, regulate economic “inactivity”?
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