The Patient Protection and Affordable Care Act affects virtually every American. The Act dramatically expands federal regulation of health care and private health insurance industries. The Act mandates health coverage for virtually everyone, and imposes a monetary sanction on those who fail to comply. The Eleventh Circuit struck the individual insurance mandate as an unconstitutional expansion of the federal government’s power under the Commerce Clause, and not authorized as an exercise of the government’s taxing power because the mandate is a civil penalty and not a tax. But the Eleventh Circuit defeated the claims of 26 states that the expansion of the Medicare program is an unconstitutional expansion of the Spending Power that destroys the careful balance of power between the federal government and state governments in violation of principles of federalism. This week, Paul Clement representing the 26 states, filed this Petition for Certiorari to the U.S. Supreme Court.
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