Koontz Pulls the 'Trigger' on the Affordable Care Act

5 Pages Posted: 1 Jul 2013

Date Written: June 29, 2013

Abstract

The "trigger" in Sebelius was voided by the elevation of the level of scrutiny for property in Koontz. Both cases involve "commands," dedicated spending and conditions. However, after Koontz the Affordable Care Act is required to show a nexus: between the tax (the "command" in Koontz) and medical care. The Sebelius Court did not require the United States to show that, because neither the Court nor either of the parties argued that the Affordable Care Act raised the level of scrutiny for medical care. But Koontz mandates that, or the Act violates the Spending Clause.

Keywords: Constitution, medical care, affordable care, Sebelius, Koontz, tax, spending clause

Suggested Citation

Ryskamp, John Henry, Koontz Pulls the 'Trigger' on the Affordable Care Act (June 29, 2013). Available at SSRN: https://ssrn.com/abstract=2287280 or http://dx.doi.org/10.2139/ssrn.2287280

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