Abstract

http://ssrn.com/abstract=2078200
 


 



Obamacare's (3) Day(s) in Court


Abigail R. Moncrieff


Boston University - School of Law

June 5, 2012

CHEST: Official Publication of the American College of Chest Physicians, Vol. 141, Page 1389
Boston Univ. School of Law, Public Law Research Paper No. 12-32

Abstract:     
Before the oral arguments in late March, the vast majority of legal scholars felt confident that the Supreme Court of the United States would uphold the individual mandate against the constitutional challenge that twenty-six states have levied against it. Since the oral argument, that confidence has been severely shaken. This article asks why legal scholars were so confident before the argument and what has made us so concerned since the argument. The article posits that certain fundamental characteristics of health insurance - particularly its unusual role in steering healthcare consumption decisions, which distinguishes health insurance from standard kinds of indemnity insurance - should make the constitutional question easy, but the Obama Administration’s legal team was understandably hesitant to highlight those unique characteristics in its arguments. Because the Supreme Court justices seemed not to understand the uniqueness of health insurance without the government’s help and because the justices seemed unusually willing to adopt a new constitutional constraint in this case, the individual mandate appears to be in far greater jeopardy than we legal scholars anticipated.

Number of Pages in PDF File: 7

Keywords: PPACA, Obamacare, Supreme Court, health law, constitutional law, public law

Accepted Paper Series


Download This Paper

Date posted: June 6, 2012  

Suggested Citation

Moncrieff, Abigail R., Obamacare's (3) Day(s) in Court (June 5, 2012). CHEST: Official Publication of the American College of Chest Physicians, Vol. 141, Page 1389; Boston Univ. School of Law, Public Law Research Paper No. 12-32. Available at SSRN: http://ssrn.com/abstract=2078200

Contact Information

Abigail R. Moncrieff (Contact Author)
Boston University - School of Law ( email )
765 Commonwealth Avenue
#1170D
Boston, MA 02215
United States
617-353-2212 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 216
Downloads: 38

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.344 seconds