1. Title and Citation- National Federation of Independent Business v. Sebelius 567 U.S. (2012) 2. Facts of the Case- In March 2010, there came about multiple lawsuits that were merged into one case shortly after Congress passed the Patient Protection and Affordable Care Act (ACA) or Obamacare (National Federation of Independent Business v. Sebelius). With the passing of this act it required U.S. citizen who did not already have health care through Medicaid, Medicare, corporate, or any government-sponsored source to get health care. Citizens who did not have any of the mentioned healthcare sources would be forced into buying into the federally funded healthcare. If they did not buy into the healthcare, there would be a strict penalty that would be enforced by the Internal Revenue Services (IRS) (National Federation of Independent Business v. Sebelius). Individuals who could not afford the care could possibly be eligible for government-aided subsidies. In addition, if states did not enforce the health care standards, they would be in jeopardy of losing necessary federal funding. With the introduction of Affordable Care Act, the United States has established a minimum standard for health insurance policies. This case went through the District Court in Florida and on January 31, 2011, Judge Vinson held that mandatory health insurance was an “individual mandate” and that it was not imposed on all citizens as some already have insurance (National Federation of Independent Business v. Sebelius). The case was appealed and went to the 11th Circuit of Appeal where on August 12, 2011; Judge Vinson’s views were brought to light (National Federation of Independent Business v. Sebelius). In a panel of three judges, they voted 2-1 to ag... ... middle of paper ... ...nd issues that could possibly arise with the application of the Affordable Care Act in the United States. These case could ultimately change the decision of this case. References "The Affordable Care Act Cases." The Affordable Care Act Cases. The Oyez Project at IIT Chicago-Kent College of Law, n.d. Web. 8 Nov. 2013. . "National Federation of Independent Business v. Sebelius." Case Brief Summary. Case Brief Summary.com, 2013. Web. 08 Nov. 2013. . United States. Supreme Court. National Federation of Independent Business Et Al. v. Sebelius, Secretary of Health and Human Services, Et Al. By Chief Justice Roberts. United States Supreme Court, 2012. Web. 8 Nov. 2013. .
One of the most controversial topics in the United States in recent years has been the route which should be undertaken in overhauling the healthcare system for the millions of Americans who are currently uninsured. It is important to note that the goal of the Affordable Care Act is to make healthcare affordable; it provides low-cost, government-subsidized insurance options through the State Health Insurance Marketplace (Amadeo 1). Our current president, Barack Obama, made it one of his goals to bring healthcare to all Americans through the Patient Protection and Affordable Care Act of 2010. This plan, which has been termed “Obamacare”, has come under scrutiny from many Americans, but has also received a large amount of support in turn for a variety of reasons. Some of these reasons include a decrease in insurance discrimination on the basis of health or gender and affordable healthcare coverage for the millions of uninsured. The opposition to this act has cited increased costs and debt accumulation, a reduction in employer healthcare coverage options, as well as a penalization of those already using private healthcare insurance.
EEOC v. Consolidated Service System, 989 F.2d 233 (Cir. 1993), as cited by Bennett-Alexander, D.D. and Hartman, L. P. (2014) at 195.
The aim of affordable care act (ACA) was to extend health insurance coverage to around 15% of US population who lack it. These include people with no coverage from their employers and don’t have coverage by US health programs like Medicaid (Retrieved from, https://www.healthcare.gov/glossary/affordable-care-act/). To achieve this, the law required all Americans to have health insurance which is a reason of controversy because, it was inappropriate intrusion of government into the massive health care industry and insult to personal liberty. To make health care more affordable subsidies are offered and the cost of the insurance was supposed to be reduced by bringing younger, healthier people to the health insurance system. This could be controversial, if older, sicker people who need the coverage most enter the market but younger group decline to do so. The insurance pool will be unbalanced and the cost of coverage will rise correspondingly.
al., Appellants v. City of New York et al. Supreme Court of the United States. U.S. 1998. Web. 6 May 2014.
"Summary of the Decision." Landmark Cases Of The U.S Supreme Court. Street Law, Inc, n.d. Web. 1 Nov. 2013. .
"Schenck v. United States. Baer v. Same.." LII. Cornell University Law school, n.d. Web. 6 Jan. 2014. .
Wagner, F. D. (2010). McDonald et al. v. City of Chicago, Illinois, et al.. Supreme Court of the United States, 1, 1-214. Retrieved May 4, 2014, from http://www.supremecourt.gov/opinions/09pdf/08-1521.pdf
When it validated the constitutionality of The Patient Protection and Affordable Care Act in 2012, the United States Supreme Court also ruled that states could decide for themselves whether or not to expand their Medicaid programs (Sonfield, 2012). Predictably, South Carolina said no. The Palmetto State’s decision not to expand Medicaid in concert with the Affordable Care Act was wrong, and it is time to correct that mistake.
Shapiro, I. (20013). Like Eastwood Talking To A Chair The Good, The Bad, And The Ugly Of The Obamacar Ruling. Obamacare Final , 1-23.
Healthcare in the U.S. has recently been affected by implementation of the Affordable Care Act (ACA) of 2010. The intent is to create a healthca...
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens.(3-4)
Et Al. United States Court of Appeals Eleventh Circuit. N.d. Legal Information Institute. Cornell University, n.d. Web. 10 May 2014.
The Affordable Care Act, more commonly known as Obamacare, is a new health policy created by the American federal government. Its purpose is to make healthcare more affordable and friendly for the people. Unfortunately in some way that does not prove to be the case. It is becoming apparent that Obama may have made some misleading statements to help get the ACA put into action. The ACA is sprinkled with many flaws that call for a reform such as people’s current plans being terminated, high costs, and at minimum some people’s hours being cut by their employers.
"U.S. Judge Rules Health Care Reform Act Unconstitutional | Business Insurance." Business Insurance News, Analysis & Articles. Web. 20 Mar. 2011. .
NYTimes. (2013). Analysis of the Arguments — The Supreme Court Health Care Challenges. Retrieved from nytimes.com: http://www.nytimes.com/interactive/2012/03/27/us/27scotus.html