In: Economics
Several states challenge the Patient Protection and Affordable Care Act (2010) mandate to purchase health insurance. These challenges were meet by a strong government response. In 2012, the US Supreme Court ruled in a 5 to 4 decision that the mandate to purchase was constitutional. From the second e-Activity review the option in the case and explain the Court's rationale for upholding the mandate.
It was upheld by the court that the ACA on the basis that the
individual mandate penalty is a tax which is for the purpose of the
Consitution's Taxing and Spending Clause and is a much valid
exercise of Congressional authority.
But the ACA does not come under Congress' power to regulate
commerce. The Commerce Clause which allows Congress to regulate
existing commercial activity and not to compel individuals to take
part in commerce.
A tax can’t be challenged until after it’s in effect in terms of
technicality. By this reasoning Obamacare’s “repercussions” for
people who turn down to buy health insurance couldn’t be challenged
until after it’s in effect till 2014. As the Court made it clear
that the penalty is a penalty and not a tax – in the healthcare
law, thus deciding that the Anti-Injunction Act wasn’t applicable
while they could go ahead to address the issues.
The rationale to upheld the act forms that the final issue is the
level of scrutiny the court applies. So simply Commerce Clause
cases are generally considered on a “rational review” basis: the
court was going to upheld a law if a rational basis were in
existence for concluding that the regulated activities, in
aggregate, substantially affect interstate commerce as in the case
Gonzales v. Raich, 2005; Heart of Atlanta Motel v. United States,
1964 . According to this standard, the individual mandate would
with a great certainty be upheld if there was reasonable support
for Congress’s judgment that failure to establish the individual
mandate would greatly affect the interstate health care insurance
market.