Is PPACA Constitutional? Only Nine People Know for Sure


The U.S. Supreme Court has agreed to decide the constitutionality of The Patient Protection and Affordable Care Act (PPACA). Oral arguments are scheduled to take place over a three day period beginning March 26, 2012, with a ruling by June. The Supreme Court will consider the following:

  • Is the individual mandate unconstitutional?
  • Is PPACA's expansion of Medicaid a violation of state sovereignty?
  • If any part of the statute is unconstitutional, is that part severable from the rest?
  • Does the Anti-Injunction Act currently bar the challenges to PPACA's individual mandate?

Miller & Chevalier's Anthony Shelley reviewed exactly where the constitutional attacks stand and their prospects for success, including what may happen if the entire statute is struck down, or whether certain parts of the statute might be "severed" from others. Mr. Shelley also provided his predictions about how the Supreme Court will rule and address how implementation efforts might be unwound in the event PPACA is declared unconstitutional.

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