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Tag: Brock

Understanding the Health Care Litigation, Part One

By The Wizard of Laws, Section News
Posted on Sat Feb 18, 2012 at 06:04:06 PM EST
Tags: Alaska Airlines, Board of Education, Brock, Brown, health care exchanges, Obamacare, Patient Protection and Affordable Care Act, severability, Supreme Court (all tags)

The big event of the U.S. Supreme Court's 2011-2012 term -- and perhaps the most important since Brown v Board of Education -- will be the decision on the various cases involving the Patient Protection and Affordable Care Act. commonly known as Obamacare.

The issues to be argued are known generally by the public, but few understand them in any detail. For example, during a recent forum, the Lieutenant Governor here in the Enchanted Mitten, arguing for a state-established health care exchange, said that even if the Court finds the individual mandate unconstitutional, it will have no effect on health care exchanges, since HCEs are not before the Court. This position is not exactly accurate. If the Court determines that the individual mandate is unconstitutional. it will then expressly decide whether the entire law must be struck down, including those provisions pertaining to health care exchanges.

(5 comments, 635 words in story) Full Story