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The Tough Luck Constitution and the Assault on Healthcare Reform$
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Andrew Koppelman

Print publication date: 2013

Print ISBN-13: 9780199970025

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199970025.001.0001

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Where It Hurts

Where It Hurts

(p.137) Five Where It Hurts
The Tough Luck Constitution and the Assault on Healthcare Reform

Andrew Koppelman

Oxford University Press

This chapter examines the consequences of the Supreme Court's decision on the constitutionality of the so-called individual mandate of the Patient Protection and Affordable Care Act of 2010 (ACA), which requires almost everyone to purchase health insurance. It first discusses how the decision changed the ACA before turning to the Court's ruling regarding the Medicaid expansion. It then considers the implications of Tough Luck Libertarianism for health care.

Keywords:   health care, Supreme Court, individual mandate, Patient Protection and Affordable Care Act of 2010, health insurance, Medicaid, Tough Luck Libertarianism

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