What Implications Will the Supreme Court's Taxing Power Decision Have on the Goals of the Affordable Care Act and Healthcare?

Journal of Health & Life Sciences Law, Vol. 6, No. 2, p. 189-225, February 2013

39 Pages Posted: 30 Sep 2016

See all articles by Alberto Gonzales

Alberto Gonzales

Belmont University - College of Law

Donald Stuart

Waller Lansden Dortch & Davis, LLP

Date Written: February 2013

Abstract

One of the signature achievements of the Obama Administration is the Affordable Care Act. The Act represents a massive change to the country's healthcare system that includes an individual mandate requiring certain individuals to purchase health insurance or pay a penalty. In 2012, the U.S. Supreme Court upheld this individual mandate under Congress's taxing power. This Comment will examine the implications of the Court's decision on the individual mandate and the Court's taxing power analysis. A primary objective of the Act is to have more Americans covered by health insurance. This Comment suggests the Court's decision may ultimately result in fewer Americans being insured. Finally, contrary to the fears of critics of the Act and the Court's decision, the Comment concludes that the Court's analysis of Congress's taxing power will not open the gates to new congressional mandates. Despite the Court's decision and the re-election of President Obama, much uncertainly still remains about the future of healthcare in America. The Act is here to stay, but its implementation and outcomes are far from certain.

Keywords: Affordable Care Act, Individual Mandate, Healthcare Reform, Taxing Power

Suggested Citation

Gonzales, Alberto and Stuart, Donald, What Implications Will the Supreme Court's Taxing Power Decision Have on the Goals of the Affordable Care Act and Healthcare? (February 2013). Journal of Health & Life Sciences Law, Vol. 6, No. 2, p. 189-225, February 2013. Available at SSRN: https://ssrn.com/abstract=2845553

Alberto Gonzales (Contact Author)

Belmont University - College of Law ( email )

1900 Belmont Boulevard
Nashville, TN 37212
United States

Donald Stuart

Waller Lansden Dortch & Davis, LLP ( email )

511 Union Street, Suite 2700
Nashville, TN 37219
United States

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