Monthly Archives: September 2011

Reviewing Obamacare

The Obama Administration is urging the Supreme Court to resolve a conflict among circuit courts on the question of whether Congress had the constitutional power to pass the individual mandate portion of the Patient Protection and Affordable Care Act. The individual mandate is the part of the law that requires every individual in the US to obtain health insurance.

Here’s a link the the 304 page 11th Circuit opinion that said that Congress lacks that power.

www.uscourts.gov/uscourts/courts/ca11/201111021.pdf

The opinion is great reading for two reasons.  First, it summarizes the new health care law into easily digestible pieces.  It is the first place Robert has seen a basic explanation of that law (which is itself over 900 pages long).  The summary can be found at pages 11-53.  Second, it provides a great summary of Commerce Clause caselaw.  To be an informed citizen one must have a basic understanding of the debate about that clause’s meaning.  It is central to understanding our federal government.  Really. See pages 67-171.

Reviewing Obamacare

The Obama Administration is urging the Supreme Court to resolve a conflict among circuit courts on the question of whether Congress had the constitutional power to pass the individual mandate portion of the Patient Protection and Affordable Care Act. The individual mandate is the part of the law that requires every individual in the US to obtain health insurance.

Here’s a link the the 304 page 11th Circuit opinion that said that Congress lacks that power.

www.uscourts.gov/uscourts/courts/ca11/201111021.pdf

The opinion is great reading for two reasons.  First, it summarizes the new health care law into easily digestible pieces.  It is the first place Robert has seen a basic explanation of that law (which is itself over 900 pages long).  The summary can be found at pages 11-53.  Second, it provides a great summary of Commerce Clause caselaw.  To be an informed citizen one must have a basic understanding of the debate about that clause’s meaning.  It is central to understanding our federal government.  Really. See pages 67-171.