The Supreme Court has spoken, but the debate will probably not end. This morning, the Supreme Court held that the Patient Protection and Affordable Care Act (ACA) is constitutional. Healthcare will, however, be a key issue in the presidential election.
Some of you may remember the discussion of this case on a recent Healthcare Community Call. There were 4 key issues the Court was to consider:
- Anti-Injunction Act
- The Individual Mandate
- Medicaid Expansion
In a nutshell, the Individual Mandate was upheld. Not under the commerce clause as the Administration argued, but upheld constitutionally under the broad taxing powers of the Congress. That, then, essentially addresses the anti-injunction act by saying it is a tax and not a penalty.
Severability is not an issue since the law was upheld. There is no need to pull out or sever pieces of the law from...