ACA Armageddon Averted  

Oleh:

Hall, Mark A.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: The New England Journal of Medicine (keterangan: ada di Proquest) vol. 373 no. 06 (Aug. 2015), page 497-499.

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Perpustakaan FK Nomor Panggil: N08.K Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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For the second time in 3 years, U.S. Chief Justice John Roberts wrote a Supreme Court opinion that averted a near-death experience for the Affordable Care Act (ACA). In National Federation of Independent Business [NFIB] v. Sebelius (2012), Roberts joined the Court's four liberal justices in upholding the constitutionality of the ACA's individual mandate — its requirement that individuals maintain insurance coverage if it's affordable — with the unexpected rationale that it is valid as a tax, even if not as a regulatory mandate. This year's end-of-term decision, King v. Burwell, responded to a statutory rather than a constitutional challenge. Many people were surprised that the Court so quickly took the case, which was based on a small glitch in statutory wording that appears to make subsidies available only through exchanges “established by the State.” Writing for a six-member majority that also includes Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, and Elena Kagan, Roberts ruled that the ACA's tax subsidies for insurance premiums are available both in states with their own insurance exchanges and those relying on a federal exchange.

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