Remaining Challenges to the ACA after King v. Burwell The Affordable Care Act (ACA) has survived both constitutional and statutory challenges which reached the United States Supreme Court. But opponents of the law are far from defeated. A large number of cases are still pending throughout the country. Exceeding Presidential Authority Arguably, the most significant threat to the ACA is a case called House v. Burwell. This case was brought by the Speaker for the U.S. House of Representatives (“House”), John Boehner, on behalf of the House. In House, the plaintiff (the party that brought the case) made two claims. The first is that President Obama exceeded his authority as President when he delayed enforcement of the ACA’s employer mandate. This mandate requires large employers to provide health insurance coverage for a certain percentage of full-time employees or face a penalty from the Internal Revenue Service (IRS). …show more content…
These “cost-sharing reductions” are not the same subsidies that were at issue in King v. Burwell, which decided that certain tax credits would remain available for eligible Americans regardless of which Marketplace (state or Federally-facilitated) was used to purchase health insurance. “Cost-sharing reductions” help individuals pay for out-of-pocket costs by reducing cost-sharing (deductibles, copayments, etc) on health insurance plans. These reductions are available to individuals whose income is between 100% and 250% of the federal poverty line and who sign up for insurance through a Marketplace. House v. Burwell is still pending at the lowest level of the federal court system. The Judge assigned to the case has not yet ruled on whether the plaintiffs should be allowed to bring the case at all (called
The Supreme Court case NFIB vs Sebelius was about many american not eligible to afford healthcare so Obama made ACA forcing everyone to get some type of healthcare or they would have a tax punishment. Specifically Obama Care law being constitutional. Ultimately, the Supreme Court decided that Congress did not overstep because the tax punishment was not so high, congress were able to do that as well because of the spending clause providing the congress to do the tax punishment. This case is relevant to the issue of federalism because federal wanted to pass the ACA when some states disagreed with the
There have been two major Supreme Court lawsuits pertaining to the Affordable Care Act that could have resulted in the repeal or dismantling of the law. One of the Supreme Court lawsuits was the 2012 “NIFIB v. Seleblius” case, which ruled in favor of the ACA with some changes implemented. The other lawsuit was the 2015 “King v. Burwell” case which once again ruled in favor of the ACA. In June of 2016, the Supreme Court saved Obamacare yet again. The ruling held that the Affordable Care Act authorized federal tax credits for eligible Americans living not only in states with their own exchanges, but also in the 34 states with federal marketplaces. It staved off a major political showdown and a mad scramble in states that would have needed to act to prevent millions from losing health care coverage. These Supreme Court decisions prove that they were in favor of Obamacare, although it was damaging to our
President Obama signed The Affordable Care Act into law on March 23, 2010. The goal of the Affordable Care Act was to provide health care for all Americans and to help control the growth in health care spending. In addition to health insurance reforms, the Affordable Care Act includes tax provisions that affect individuals, families, businesses, insurers, tax-exempt organizations and government entities. These new tax provisions impact health insurance provided by employers.
The Affordable Care Act was signed into law March 23, 2010 by President Barack Obama; however, the constitutionality of the law remained in question. In a controversial 5-to-4 ruling, The U.S. Supreme Court upheld the law on June 28, 2012. The ACA is thought by some as the United States health care rescue, and as its downfall by others.
Recently, the federal government has crossed the line in regards to its actual power. In passing the Patient Protection and Affordable Care Act, the federal government is essentially ignoring many vital sections of the Constitution that help keep it in check. These fundamental restrictions help prevent an abusive and tyrannical government. The fact that this law still remains in place today shows that these constitutional restrictions on the federal government no longer apply, and that the federal government essentially has unlimited power. This act is unconstitutional due to its violation of the Commerce Clause, the Tenth Amendment, and the Origination Clause.
There are many laws in the United States of America, but there is one law that is especially important, as it causes a lot of controversy, and politicians not in favor are trying to shut it down. In the 2016 election, the candidates have different opinions on it, and they argue about it a numerous amount of times. It is one of the main issues of the debates. The law has caused both benefits and problems for citizens of the USA. Some citizens of America have violently protested against the ACA, while some citizens lives depend on it. This law is called the Affordable Care Act, signed in 2010, and I strongly believe that it is a good law.
As stated previously, the main opposition behind Obamacare is whether or not it is constitutional. The basis for its disapproval is in regards to how Obama and the federal government misuse the commerce clause, Article 1 Section 8 of the constitution, as a basis for constitutionality. According to Joe Wolverton, the commerce clause acts as a grant of authority to Congress to “regulate commerce with foreign nations, and among the several states.” Using the commerce clause to allow for the passage of the act shows that “legislative nor executive branch of the national government is bothered by constitutional restrictions on their
Affordable Care Act (ACA), often known as Obamacare, was signed by President Obama in 2010. The goal of the Act is to increase the number of individuals with health insurance to the point where all Americans are insured by providing quality healthcare at an affordable price. Despite its good intent, the ACA is not as perfect as it may appear. In this paper, I will list the main features of the Act, its pros and cons, and how it affects you as an individual and discuss the King vs. Burwell lawsuit.
The healthcare reform law has been the center of a heated debate for some time now within the House and the Senate. The Obama administration has been pushing healthcare reform since its beginnings in 2008 and has finally pushed the law through Congress. This was a difficult process simply because some of the members of Congress wanted the Supreme Court to judge if the healthcare law was constitutional. The Supreme Court however did not side with these members of Congress. They ruled
On March 23, 2010 former president, Barack Obama, signed the Affordable Care Act (ACA) and made it a law. As many of us know, there are minimal issues with Obama Care, but the question to be posed would be, ‘are there enough systematic errors for it to be repealed?’ Obama did promise that if you agreed with the plan, you could keep it. Of course, there is always room for improvement, and Obama care is not an obstacle nor a negative force towards anything or anyone. There is no reason the ACA should not be diverted or limited in any way. There are pros and cons to everything, but regarding this situation, it is seen to have more pros. The ACA (Obama Care) has made many alterations since it has been in effect. Due to the inadequate reasoning
The Patient Protection and Affordable Care Act (commonly known as Affordable Care Act and/or Obamacare) was signed into law by President Barack Obama on March 23rd, 2010. The Affordable Care Act (ACA) was enacted to increase the affordability of health insurance by controlling the
President Barack Obama signed the Affordable Care Act, into law on March 23rd 2010. Congress had tried for decades to pass health care reform, beginning with President Franklin Roosevelt. “Following President Obama’s inauguration, he used Democrat control of both the House of Representatives and the Senate to enact health care reform legislation, and granted the federal government control of over 16% of our nations economy” (Taylor 3). The law states that every American citizen is mandated to purchase health insurance. “If you choose not to obtain Health Insurance by January 2014, you will be penalized $95, or 1% of your income-whichever is greater” (Taylor 5). “The penalty rate for non-compliance will
The affordable care act (ACA) or the Obama health care reform has been a topic of great concern in today’s health care. In March 23rd 2010 President Obama signed the health care legistration (Obama Care) into law. The passage of the law affected different many issues in the lives of Americans. Socially, it was a great law due to the facts that individuals that cannot afford health care would have access to health care regardless of preexisting conditions and young adults benefits in staying longer under their parents insurance until age 26. Hence, economically, depending on the side of the table the individual chooses (republican or Democrat) there will be an increase in national debt because more people will be eligible for Medicaid (The National Committee to Preserve Social Security & Medicare, 2012). According to Root (2012) the so-called Obama health care reform will be a tax imposed on the citizens of the United States, because it obliges people to actually buy insurance provided by the government, which is in a big violation of the commerce clause or the individual mandate threatens the foundation of contract law. American contract law rest on the principle of mutual assent. For example, if I hold a gun to your head and force you to sign a contract, no court of law will honor that document since I coerced you into signing it. Mutual assent must be present in order for a contract to be valid and binding (Markham, 2002).
Once Obamacare was passed into Law, more than half of the states joined together to file against the law stating it was unconstitutional. The Supreme Court agreed to 3 days of hearings to allow the states to share why they felt the law was unconstitutional. At the end of the 3 days the United States Supreme Court deemed the law constitutional. Then deemed that Congress had the power under the taxing clause and the Affordable Care Act moved into operation for all of the United States. Since that time the United States Supreme Court has deemed that President Obama has repeatedly plotted to increase the reach of his Executive Branch, and each time the Supreme Court ruled unanimously against him.
As Stated by, The Affordable Care Act: A Brief History, Assessment, and Future Challenges article state that the Democrats’ view that the government should play the primary role in “establishing and managing large government-funding social programs.” On the contrary, the Republicans’ believed that the government should not have that kind of power because it can be abused. They believe that the private sector should be the primary player (Jonas & Kovner, 2011). The main power-struggle in both House and Senate during the passage of the Affordable Care Act was the fact that neither could agree on passing the ACA. They were both working on their own bills and when they did not get approved, the Democrats’ tried bringing the two bills together. Although this was not a success, which leads to President Obama in presenting his own health care plan: the Affordable Care Act. There were many arguments against what was right and what wasn’t during this time as well, which will go on to our fourth question: the