Brief Are State Challenges to the Legality of the Patient Protection and Affordable Care Act Likely to Succeed?
Randall R. Bovbjerg
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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 Areas Health and health care
Tags Health care laws and regulations Affordable Care Act