Is Health Reform Constitutional?

Abstract

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.

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