When you take into account Medicare, Medicaid, tax subsidies, and insurance for government employees, government already covers about 65 percent of total healthcare costs. The desire for more individual responsibility was a key reason why Mitt Romney, then the Republican governor of Massachusetts, first enacted a mandate as part of his insurance reform.
A mandate also is important if government is going to require insurance companies to sell to all comers, with no underwriting for pre-existing health conditions. Without some government-imposed nudge, many people would not insure themselves until they got sick, increasing the burden on providers and government and raising insurance premiums to unsustainable levels.
Indeed, Republicans have already raised the cost of ACA exchange subsidies since, by gutting the mandate, they encourage more healthy people not to purchase insurance until they get sick.
Instead of wallowing in this pointless debate over taxes versus mandates, policymakers should be focusing on the real health issues facing the nation. Legislators could make the Supreme Court case forever moot by adopting a practical solution consistent with both conservative and progressive principles.
Despite all the ruckus over the mandate, this is actually an area where Republicans could find common ground with Democrats. King was nominated to the appeals court by President Jimmy Carter in Elrod was nominated by President George W. Bush in Engelhardt was nominated by President Donald Trump last year.
Skip Navigation. Key Points. The dissent reached the opposite conclusion, finding that neither the individual nor the state plaintiffs has standing to bring the case. The 5 th Circuit sent the case back to the trial court for additional analysis about which ACA provisions should survive without the individual mandate.
The trial court may consider whether the federal government timely raised this argument and whether Supreme Court precedent supports limiting the remedy in this way. Severability is a question of law, which the 5 th Circuit could have resolved without sending the case back to the trial court. The dissent agreed with the majority that the severability analysis should look to the intent of Congress when passing the TCJA in However, the dissent concluded that the fact that Congress changed the tax penalty amount to zero while leaving the rest of the ACA in place indicates that Congress intended for all of the other provisions to remain in effect.
The Supreme Court has agreed to review four legal questions in the case. First, the Court will consider whether Texas and the individual plaintiffs have standing to bring the lawsuit to challenge the individual mandate. If the mandate is unconstitutional, the Court will decide whether the rest of the ACA can survive. Finally, if the entire ACA is held invalid, the Court will resolve whether the entire law should be unenforceable nationwide or whether it should be unenforceable only to the extent that provisions injure the individual plaintiffs.
The case will be argued at the Supreme Court on November 10, The Court has allotted one hour and twenty minutes for oral argument, with 40 minutes for each side. California will argue for 30 minutes of the time allotted to the parties defending the ACA, with the remaining 10 minutes argued by the House.
The other involves the right of death-row prisoners to receive spiritual guidance in their final moments. Two cases today: a lawsuit against the FBI for surveilling Muslim Americans, and a technical copyright dispute. But some justices seemed reluctant to wade into broader questions about the right to carry guns in public. AHoweBlogger's full analysis:. This article was updated on Nov. In First Amendment challenge to city billboard rules, justices will be sign language interpreters - SCOTUSblog In , the Supreme Court unanimously agreed that an Arizona town could not impose different restrictions on the Reply on Twitter Retweet on Twitter 26 Like on Twitter 65 View on Twitter Reply on Twitter Retweet on Twitter 80 Like on Twitter View on Twitter Reply on Twitter Retweet on Twitter 16 Like on Twitter 34 View on Twitter Reply on Twitter Retweet on Twitter 49 Like on Twitter View on Twitter Reply on Twitter Retweet on Twitter 18 Like on Twitter 53 View on Twitter Reply on Twitter Retweet on Twitter 62 Like on Twitter View on Twitter This website may use cookies to improve your experience.
We'll assume you're ok with this, but you can leave if you wish. Accept Read More. Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website.
These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience. Necessary Necessary.
0コメント