Home

The Supreme Court Decides the Constitutionality of Obamacare
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

In a recent development that should shock no one, the U.S. Supreme Court this morning agreed to review the constitutionally of President Barack Obama’s signature policy achievement, which is the Patient Protection and Affordable Care Act, also known as Obamacare. This means that, before the very end of the current SCOTUS Term in the summer of 2012, the justices will rule on the validity of this sweeping legislation (unless of course they try and avoid the question on jurisdictional grounds, as Judge Brett Kavanaugh of the D.C. Circuit recently did — a path that may appeal to Justice Kennedy, as suggested by Professor Noah Feldman, and a path that the Court itself highlighted just by mentioning the jurisdictional issue in its certiorari grant).

In the meantime, there will be quite enough dinner party chit-chats about the new health care reform law and its constitutionality.

  
What
Where


Over the weekend, at the Federalists Society’s National Lawyers Convention, here are some of the key discussions, and some of the speakers:

”RESOLVED: Congress Acted Within Its Authority in Enacting the Patient Protection and Affordable Care Act.

– Hon. Paul D. Clement, Partner Bancroft PLLC and former U.S. Solicitor General

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!




– Prof. Laurence H. Tribe, Carl M. Loeb University Professor, Harvard Law School

– Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center”



In this fascinating debate, ably moderated by Professor Resenkranz, Paul Clement and Laurence Tribe outlined their clashing views on the Act’s constitutionality.

Professor Tribe began by providing a little background on the Act. In March 2010, it was signed into law and represented Congress’s attempt to tackle the health care crisis — a crisis that involves at least 17 percent of our GDP. He pointed out that health care is very much unlike other markets because hospitals don’t turn away patients, which will mean that the health care costs of the people who are uninsured effectively get passed along to everyone else.

The ”individual mandate” provision of the Act attempts to encourage coverage by imposing some tax penalties on the people who do not have/do not buy any health insurance. The new provision will encourage everyone to purchase coverage, and will raise revenue from the people who do not. This provides an incentive for people to acquire heath insurance in advance of when they will actually need care, which is much more efficient and effective than the status quo. It’s common knowledge that pretty much everyone will, at some point in their lives, need health care, so why should we wait until they either get hurt or sick before we deal with the problem?
With approval, Tribe note that the decisions by the Sixth Circuit and the D.C. Circuit upholding the validity of the Act. He also noted that the distinguished conservative jurists such as Jude Jeffrey Sutton and Judge Laurence Silberman have both written in defense of the law.



 

Interesting Legal Sites You May Like


BCG FEATURED JOB

Locations:

Keyword:



Search Now

General Municipal Law Attorney with land use experience

USA-CA-Oakland

Oakland office of our client seeks general municipal law attorney with experience advising public ag...

Apply Now

Senior Land Use Attorney with experience

USA-CA-San Francisco

San Francisco office of our client seeks senior land use attorney with 7+ years of experience. The c...

Apply Now

Immigration Attorney with portable business

USA-VA-McLean

McLean office is seeking an immigration attorney with $500,000+ in portable business.

Apply Now

Commercial Litigation Attorney with 4+ years of experience

USA-IL-Chicago

Chicago office of our client seeks commercial litigation attorney with 4+ years of experience. The c...

Apply Now

RELEVANT JOBS

Managing Director, Litigation Finance Investments

USA-FL-Tampa

Title                ...

Apply now

Contract Associate

USA-CA-Sausalito

Seeking lawyer with at least 2 yrs experience in complex real estate transactional matters, with wil...

Apply now

Paralegal

USA-CO-Greeley

Growing full-service law firm based in Fort Collins and Greeley is seeking a full time Paralegal. Th...

Apply now

Associate

USA-NY-Syracuse

Our Syracuse, NY office seeks an Associate with 3-5 years experience defending general liabilit...

Apply now

Most Popular

SEARCH IN ARCHIVE

To Top