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The Tough Luck Constitution and the Assault on Healthcare Reform
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The Tough Luck Constitution and the Assault on Healthcare Reform

Andrew Koppelman

Abstract

The legal challenge to the Patient Protection and Affordable Care Act of 2010 (ACA), and the Supreme Court's decision to uphold the law, is quite possibly the most momentous Supreme Court case on the issue of federal power in our era. Yet, despite the Court's ruling, the issue of health care reform is still an incredibly divisive issue. For the left, the federal government has the power to regulate interstate commerce, and the health insurance industry surely falls under the definition of interstate commerce. For conservatives, the individual mandate is the core of the plan, and it represents ... More

Keywords: health care reform, Affordable Care Act, Supreme Court, New Deal, federal government, interstate commerce, health insurance, case law

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199970025
Published to Oxford Scholarship Online: April 2015 DOI:10.1093/acprof:osobl/9780199970025.001.0001

Authors

Affiliations are at time of print publication.

Andrew Koppelman, author
Professor of Law, Northwestern University

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