Is Health Reform Constitutional?

Sallie Thieme Sanford

University of Washington - School of Law

April 1, 2010

JURIST Legal News and Research, April 2010

This article, written shortly after the first health reform lawsuits were filed, considers the key constitutional challenges to the Patient Protection and Affordable Care Act. It argues that the law is within Congress’ authority, and that to find otherwise would require a significant shift in Constitutional jurisprudence.

Number of Pages in PDF File: 5

Keywords: Health Reform, Health Care Reform, PPACA, ACA, Constitution, Commerce Clause, Tax and Spend Authority, Inactivity, Individual Mandate, Medicaid Expansion, Standing, Ripeness

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Date posted: March 5, 2011 ; Last revised: August 1, 2011

Suggested Citation

Sanford, Sallie Thieme, Is Health Reform Constitutional? (April 1, 2010). JURIST Legal News and Research, April 2010. Available at SSRN: http://ssrn.com/abstract=1775073

Contact Information

Sallie Thieme Sanford (Contact Author)
University of Washington - School of Law ( email )
William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

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