Supreme Court Consideration of the Affordable Care Act Key Issues - PowerPoint PPT Presentation

Supreme Court Consideration of the Affordable Care Act Key Issues Under Consideration Katherine Hayes, JD Associate Research Professor March 04, 2012

Four Questions • Is the minimum coverage requirement Constitutional? • If minimum coverage requirement is unconstitutional, can it be severed from the remainder of the ACA? • Are the Medicaid provisions coercive? • Does the Anti-Injunction Act bar federal court consideration of the minimum coverage provision.

Minimum Coverage • Commerce Clause – Substantial affect on interstate commerce • Necessary and Proper Clause – Commerce Clause regulation of insurance – Requirement is “necessary” to maintain insurance market reforms • Taxing and Spending Authority – Penalty v. tax

Severability • If found unconstitutional, can the minimum coverage provision be “severed” from the ACA, leaving the remainder intact? • Impact on insurance market if no minimum coverage requirement? • If not severable, how much should be struck down? – Insurance market reforms? – Employer requirement?

Medicaid Coercion • Requires states to cover individuals with incomes under 133 percent of FPL effective January 1, 2014 • Is the requirement “an offer states can’t refuse?” • First time Congress requires all or nothing approach? • Implications for other federal programs?

Anti-Injunction Act • Constitution permits Congress to regulate federal court jurisdiction • Prohibits “pre-enforcement” litigation which has the purpose of blocking implementation of a tax. • Is it a tax or a penalty? • What is the purpose of the minimum coverage challenge?

Conclusion • Timing – Consideration – Decision issued • What next?