Thursday, February 2, 2012

A Guide to the SCOTUS Health Reform Case

The Kaiser Family Foundation has published a 10-page Guide to the Supreme Court's Review of the 2010 Health Care Reform Law.

It addresses the background and nine key questions:

  1. Who are the parties in the cases accepted by the Supreme Court, and what do they want?
  2. What have the lower federal appellate courts decided about the constitutionality of the ACA?
  3. What issues will the Supreme Court consider in its review of the ACA?
  4. What are the main arguments about the constitutionality of the individual mandate?
  5. What are the implications of a Supreme Court decision on the constitutionality of the individual mandate?
  6. If the Court invalidates the individual mandate, how could the issue of severability affect the ACA?
  7. What is the Anti-Injunction Act, and how could it affect the case?
  8. What are the main arguments about the constitutionality of the Medicaid expansion?
  9. What are the implications of a Supreme Court decision on the constitutionality of the Medicaid expansion?


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