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Unexpected Twists in the Affordable Care Act Decision

Jurist, July 2012

7 Pages Posted: 17 Jul 2012  

Sallie Thieme Sanford

University of Washington - School of Law

Date Written: July 13, 2012

Abstract

In its keenly anticipated decision in National Federation of Independent Business v. Sebelius, the Supreme Court found the "individual mandate" provision of the Affordable Care Act (ACA) constitutional, along with nearly the entirety of the rest of the Act. The Court did so with an unexpected vote count and on unanticipated legal bases.

This article summarizes the decision and its likely effects.

Keywords: Patient Protection and Affordable Care Act, Commerce Clause, Taxing Power, Anti-Injunction Act, individual mandate, Medicaid, Supreme Court

Suggested Citation

Sanford, Sallie Thieme, Unexpected Twists in the Affordable Care Act Decision (July 13, 2012). Jurist, July 2012. Available at SSRN: https://ssrn.com/abstract=2111624

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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