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The Future of Healthcare Reform In the United States$
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Anup Malani and Michael H. Schill

Print publication date: 2015

Print ISBN-13: 9780226254951

Published to Chicago Scholarship Online: May 2016

DOI: 10.7208/chicago/9780226255002.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 26 October 2021

Postmortem on NFIB v. Sebelius

Postmortem on NFIB v. Sebelius

Early Reflections on the Decision That Kept the ACA Alive

(p.13) Chapter One Postmortem on NFIB v. Sebelius
The Future of Healthcare Reform In the United States

Carter G. Phillips

Stephanie P. Hales

University of Chicago Press

This chapter discusses the Supreme Court's decision in NFIB v. Sebelius and its implications for health care reform and Congress's use of Commerce clause and taxing power authority. The chapter begins with an overview of the decision. It then discusses the three primary doctrinal areas of the Court's decision. It analyzes the Affordable Care Act's (ACA's) individual mandate under the Commerce Clause. The unexpected nature of the Court's decision is discussed as well as the implications of the Court's distinction between economic activity and inactivity. The chapter then examines the approval of the individual mandate under Congress's taxing authority and the opinion of the Court that Congress's taxing authority extends well beyond its Commerce Clause authority and that the individual mandate “penalty” falls squarely within it, as long as the tax in question is not too coercive. Finally, the chapter discusses the Court's ruling on ACA's Medicaid expansion provisions, which the Court struck down on the ground of excessive coercion.

Keywords:   individual mandate, health care reform, Affordable Care Act, commerce clause, taxing authority, coercion, Medicare

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