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2:44pm June 28, 2012

UPHELD: Affordable Care Act Survives, Mandate is Tax

HC-Upheld

This morning President Obama’s signature Affordable Care Act survived the Supreme Court challenge with the controversial individual mandate that people must buy insurance being sustained. The Court affirmed that Congress had the power to impose the individual mandate as a taxing power.

In terms of the Medicaid expansion part of the Healthcare law, which provides that the federal government will cover 100% of the states’ expansion of coverage until 2017 and then states would have to pitch in, Chief Justice Roberts said in his opinion, “Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding.”

In essence, this means that the states can opt to not participate in Medicaid funding, but they could lose their federal matching funds.

The bottom line is that the Affordable Care Act, known as Obamacare by the masses, is constitutional. The mandate stays, coverage for young adults stays, the expansion of Medicaid will continue, and President Obama and the Democrats who championed the law will be claiming victory.



About the Author

Adriana Maestas
Adriana Maestas is the senior contributing editor of Politic365.com.




 
 

 
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