Are State Challenges to the Legality of the Patient Protection and Affordable Care Act Likely to Succeed?

Brief

Are State Challenges to the Legality of the Patient Protection and Affordable Care Act Likely to Succeed?

June 23, 2010

Attorneys general in Florida and Virginia, along with their counterparts in 19 other states, have sued to block implementation of the Patient Protection and Affordable Care Act (PPACA). They claim its mandate to obtain health insurance is unconstitutional. PPCA supporters say the mandate is a valid exercise of federal authority. This brief examines the officials' arguments against PPACA and concludes the mandate rests on firm legal footing but has two vulnerabilities: (1) the Supreme Court could set new precedent and (2) enforcement provisions must be strengthened to preserve the government's ability to ensure insurance coverage.

Research Area: 
To reuse content from Urban Institute, visit copyright.com, search for the publications, choose from a list of licenses, and complete the transaction.

LATEST IN Health and Health Policy

To reuse content from Urban Institute, visit copyright.com, search for the publications, choose from a list of licenses, and complete the transaction.