Monday, June 11, 2012
With the Supreme Court's decision on the constitutionality of the Affordable Care Act just around the corner, many of us are turning our thoughts to the different possible outcomes and what they will mean, not only to the health care reform movement, but also to the role of Congress, the Supreme Court and basic notions of federalism.
Alice Noble and Mary Ann Chirba, both of the Boston College School of Law, have posted a very helpful entry over at the Health Affairs Blog called The Supreme Court on the Affordable Care Act: What We Are Waiting For? In this post, the authors provide a very cogent summary of the cases that are pending before the Court, as well as an excellent overview of the issues, including the constitutionality of ACA's minimum coverage provision, or the "individual mandate," the severability of the other ACA provisions if the individual mandate is struck down, the Anti-Injunction Act bar, and the Medicaid expansion provisions.
What I particularly enjoy about Professors Noble and Chirba's post are the flow charts that they provide, here and here, that describe the various outcomes that are possible depending on how the Supreme Court rules on each of the above listed issues.