Pundit News
On March 28, 2012, the marathon 6 hour Supreme Court debate on the constitutionality of ObamaCare concluded with oral argument on federal coercion and the severability of the individual mandate from the Affordable Care Act. The debate focuses on whether the Act is coercive upon the states, and whether the Act’s 450 provisions must be scrapped if the individual mandate is found unconstitutional. The liberal wing of Justices Ginsburg, Kagan, and Sotomayor, perhaps sensing that the individual mandate might be constitutionally doomed, seem to support severability, with Justice Kagan commenting that half a loaf is better than none. The conservative wing, spearheaded by Justice Scalia, seem to reject severability, asserting that the task of wading through the Act’s 2,700 pages to find provisions that survive is not the Court’s task, but a legislative function. Here is the Transcript of Wednesday’s Supreme Court oral argument on federal coercion. Here is the Transcript of the debate on whether the Act can survive without the individual mandate.
About
-
Recent Posts
Tags
401(k) 401(k) plan 401(k) plans ACA ACA Supreme Court Affordable Care Act affordable care act supreme court bans on discretion commerce clause concurrence Conkright contract inter Discretionary authority dissent ERISA federalism health care health care reform health insurance individual mandate Medicare Morrison Obama care patient protection and affordable care act pension plan amendments plan changes preemption presumption against vesting Price Price v. Board of Trustees private mandate Pundit blogs retirement retirement plan Ross sitting by designation state insurance regulations supreme court tax power vesting vesting disability benefitsArchives
Links
Site Disclaimer
ERISA Punditâ„¢ is a forum for the free exchange of information for educational purposes only for lawyers interested in ERISA and insurance law. Nothing posted on this website is legal advice nor should it be interpreted as legal advice in any circumstance. All posts reflect the personal views of the person posting only. By using this blog, you understand that there is no attorney client relationship between you and the person posting, the site publisher, Smith, von Schleicher + Associates, or the ERISA Pundit himself. This blog and website should not be used as a substitute for legal advice from a licensed professional attorney in your state.