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The Supreme Court Upholds the Individual Mandate of the Affordable Health Care Act
June 28, 2012

The Supreme Court Upholds the Individual Mandate of the Affordable Health Care Act


The Supreme Court has upheld a major component of President Obama's health care overhaul, in effect allowing the law to survive.

In a 5-4 decision unveiled Thursday, the court ruled as constitutional the so-called individual mandate requiring most Americans to obtain health insurance starting in 2014. It also ensures that the law will play a prominent role in the general election campaign.

Chief Justice John Roberts joined the four left-leaning justices on the bench in making the decision.

The ruling relied on a technical explanation of how the individual mandate could be categorized. Roberts, in the opinion, said the mandate could not be upheld under the Constitution's Commerce Clause. However, it could be upheld under the government's power to tax.

"The Affordable Care Act is constitutional in part and unconstitutional in part. The individual mandate cannot be upheld as an exercise of Congress's power under the Commerce Clause," Roberts wrote. "That Clause authorizes Congress to regulate interstate commerce, not to order individuals to engage it. In this case, however, it is reasonable to construe what Congress has done as increasing taxes on those who have a certain amount of income, but choose to go without health insurance. Such legislation is within Congress's power to tax."

Justice Anthony Kennedy, who was thought to be the swing vote on the decision, joined the minority in describing the entire law as invalid.

"The act is invalid in its entirety," Kennedy said from the bench. He went on to say the administration went to "great lengths to structure the mandate as a penalty, not a tax." Excerpts provided by Foxnews.com.

Your Association will provide additional information on this ruling as the decision is analyzed and more information becomes available.

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