Congressional Digest

Supreme Court Debates May 2012 No. 5 Vol. 15
Florida, South Carolina, Nebraska, Texas, et al., Respondents

Health Care Reform

The Constitutionality of the Insurance Mandate

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Florida, South Carolina, Nebraska, Texas, et al., Respondents

Paul D. Clement, Counsel of Record

Congress approved the Patient Protection and Affordable Care Act (PPACA) after a long and contentious battle, with the House and Senate each passing the bill by small margins and with no Republican votes. On March 23, 2010, President Barack Obama signed the law, and shortly thereafter opponents filed suit against the sweeping legislation, challenging the constitutionality its various provisions. One aspect of the law that attracted particular attention was the requirement that all Americans have health insurance by 2014 or pay a penalty to be assessed by the Internal Revenue Service through yearly tax returns. In the Federal court for…

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