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Challenging Obamacare

By       Message Stephen Lendman       (Page 1 of 7 pages)     Permalink    (# of views)   1 comment

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Challenging Obamacare


Supreme Court will hear arguments for and against constitutionality of Obamacare. 

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by Stephen Lendman

Last November, the Supreme Court agreed to hear challenge arguments against Obama's Patient Protection and Affordable Care Act (PPACA) - aka Obamacare.

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From March 26 - 28, oral arguments on PPACA's constitutionality will be heard, especially certain provisions. A decision is expected by June.

Contentious issues include:


  • mandating all adults have health insurance or be taxed to compensate;
  • PPACA's Medicaid expansion provisions; and 
  • whether the Anti-Injunction Act bars courts from reviewing the individual mandate until it's effective in January 2014; "severability" also is also at issue: namely, whether one issue can be struck down while leaving others intact.

Many of PPACA's provisions took effect. Others, including the individual mandate, begin in January 2014. "Severability" opponents say PPACA provisions are too interconnected to permit striking it.

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Lower courts differed on its constitutionality. Last June, the Six Circuit Court of Appeals upheld it based on the Constitution's Commerce Clause. In August, a Florida district judge ruled it unconstitutional. The Eleventh Circuit Court of Appeals overturned his decision. It found PPACA could stand if the individual mandate's removed.

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