Reconsidering the Constitutionality of Obamacare

The Heritage Foundation, No. 230, March 20, 2018

11 Pages Posted: 2 Apr 2018

Date Written: March 20, 2018

Abstract

Obamacare became law in 2010 as a result of the Patient Protection and Affordable Care Act, and it appeared that the PPACA’s constitutionality was settled by the 2012 decision of the Supreme Court of the United States in NFIB v. Sebelius, in which the Court held that Congress had the authority to enact a critical feature of the scheme: the “individual mandate,” which required that parties must purchase health coverage with certain essential features or pay a tax under Congress’s taxing power. But because Congress effectively eliminated the individual mandate tax in the Tax Cuts and Jobs Act of 2017, the PPACA can no longer be justified under Congress’s power to tax, and its constitutionality is once again in doubt.

Keywords: Patient Protection and Affordable Care Act, Obamacare, Taxing and Spending Clause

Suggested Citation

Larkin, Jr., Paul James, Reconsidering the Constitutionality of Obamacare (March 20, 2018). The Heritage Foundation, No. 230, March 20, 2018. Available at SSRN: https://ssrn.com/abstract=3151401

Paul James Larkin, Jr. (Contact Author)

The Heritage Foundation ( email )

214 Massachusetts Ave NE
Washington, DC 20002-4999
United States
202-608-6190 (Phone)

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