About the U.S. Supreme Court's Ruling on the Affordable Care Act...And a Study Guide!!!

Thursday, June 28, 2012

Greetings Divas and Gents! Some of you may be wondering about what is going on in Washington D.C. today. Well...today the United States Supreme Court upheld the constitutionality of the Patient Protection and Affordable Care Act, a federal statute supported and signed into law by President Barack Obama on March 23, 2010. The Affordable Care Act has been the topic of much debate over the past couple of years, as several of it provisions have been challenged and debated many.

The most controversial provision of the Act is what has come to be known as the "Individual Mandate," which requires all non-exempted individuals to sustain a minimum level of health care insurance or pay a tax penalty. Both parties involved in these cases argued the constitutionality of this provision, among others. Supporters argued that the Individual Mandate is a valid exercise of Congress's power under the Commerce Clause of the U.S. Constitution...the opposition disagreed.

Now, I won't bore or confuse you with a bunch of political and legal jargon, but here are the key points that you should take away:

1. The Court held that the Individual Mandate is a tax; and

2. The Court held that enacting the Individual Mandate is a valid exercise of Congress's power under the Taxing and Spending Clause of the U.S. Constitution.

For those of you who are wondering why President Obama has supported the Affordable Care Act, check out his response following the Court's ruling today:

I encourage and challenge each of you to be informed about this very important law. Review the entire law and then decide whether you are for or against its provisions. Ask yourself meaningful questions on how it affects you and your family, and how it affects the country as a whole. Then decide!

Too much work you say? Well lucky for you, the Professional Diva has got you covered! I am so glad I paid attention in National Government at Spelman and Constitutional Law at Seton Hall Law! Special thanks to Professor Marilyn Davis and Professor Michelle Coleman, respectively!

And now without further adieu, here is your Affordable Care Act Study Guide!Enjoy!

1st - Review the Patient Protection and Affordable Care Act. I am warning you that this is not everyday reading. If you want a crash course, review this summary of the law!

2nd - Familiarize yourself with the issues that were the subject of the challenges to the law by reviewing this awesome blog, which discuss all litigation relevant to the Affordable Care Act.

3rd -  Review the full opinion from the Court. Again, not everyday reading! If you are pressed for time, and would like to read an excellent, quick article on what went down today, check out this post on Pharmaspective. It will literally take you 3 to 5 minutes to read it!

So.....what do you all think of the Court's decision? Let's have an informed discussion!

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