Money, Sex, and Religion – The Supreme Court's ACA Sequel

Annas GJ, Ruger TW, and Ruger JP. “Money, Sex, and Religion – The Supreme Court’s ACA Sequel,” New England Journal of Medicine, 2014; 371: 862-6.

U of Penn Law School, Public Law Research Paper No. 14-35

6 Pages Posted: 17 Oct 2014 Last revised: 24 Oct 2014

See all articles by George J. Annas

George J. Annas

Boston University School of Public Health

Theodore Ruger

University of Pennsylvania Law School

Jennifer Prah Ruger

University of Pennsylvania - School of Social Policy & Practice; University of Pennsylvania - Perelman School of Medicine

Date Written: August 28, 2014

Abstract

The Supreme Court decision in the Hobby Lobby case is in many ways a sequel to the Court's 2012 decision on the constitutionality of the Affordable Care Act (ACA). The majority decision, written by Justice Samuel Alito, is a setback for both the ACA's foundational goal of access to universal health care and for women's health care specifically. The Court's ruling can be viewed as a direct consequence of our fragmented health care system, in which fundamental duties are incrementally delegated and imposed on a range of public and private actors. Our incremental, fragmented, and incomplete health insurance system means that different Americans have different access to health care. A central goal of the ACA was to repair some of this incremental fragmentation by universalizing certain basic health care entitlements. The Court has once again expressed its disagreement with this foundational health-policy goal.

Suggested Citation

Annas, George J. and Ruger, Theodore and Prah Ruger, Jennifer, Money, Sex, and Religion – The Supreme Court's ACA Sequel (August 28, 2014). Annas GJ, Ruger TW, and Ruger JP. “Money, Sex, and Religion – The Supreme Court’s ACA Sequel,” New England Journal of Medicine, 2014; 371: 862-6., U of Penn Law School, Public Law Research Paper No. 14-35, Available at SSRN: https://ssrn.com/abstract=2510902

George J. Annas

Boston University School of Public Health ( email )

School of Public Health
715 Albany Street
Boston, MA 02118
United States
(617) 638-4626 (Phone)
(617) 414-1464 (Fax)

Theodore Ruger

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Jennifer Prah Ruger (Contact Author)

University of Pennsylvania - School of Social Policy & Practice ( email )

3701 Locust Walk
Philadelphia, PA 19104-6214
United States

University of Pennsylvania - Perelman School of Medicine

423 Guardian Drive
Philadelphia, PA 19104
United States

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