We use cookies, including third-party cookies from Google to serve personalized ads through AdSense, to operate this site and understand how it is used. By continuing to browse, you accept this use. See our Privacy Policy and Terms of Use for details, including how to opt out of personalized advertising.
Accept
Health Works CollectiveHealth Works CollectiveHealth Works Collective
  • Health
    • Mental Health
  • Policy and Law
    • Global Healthcare
    • Medical Ethics
  • Medical Innovations
  • News
  • Wellness
  • Tech
Search
© 2023 HealthWorks Collective. All Rights Reserved.
Reading: ACA Individual Mandate Provision: Day 2 of Deliberations
Share
Notification Show More
Font ResizerAa
Health Works CollectiveHealth Works Collective
Font ResizerAa
Search
Follow US
  • About
  • Contact
  • Privacy
© 2023 HealthWorks Collective. All Rights Reserved.
Health Works Collective > Policy & Law > ACA Individual Mandate Provision: Day 2 of Deliberations
Policy & Law

ACA Individual Mandate Provision: Day 2 of Deliberations

MichaelDouglas1
MichaelDouglas1
Share
3 Min Read
SHARE

Going into the second day of oral arguments before the Supreme Court regarding the constitutionality of the reform law, a new round of polling suggests that antipathy toward that buzzphrase — “individual mandate” — comes from a slim majority of the public. Fifty-one percent want it stricken. Less than a third surveyed think it should stand as a provision.

Going into the second day of oral arguments before the Supreme Court regarding the constitutionality of the reform law, a new round of polling suggests that antipathy toward that buzzphrase — “individual mandate” — comes from a slim majority of the public. Fifty-one percent want it stricken. Less than a third surveyed think it should stand as a provision. The Kaiser data reflects changing mood on the topic, where previously, fewer Americans thought that the requirement for insurance coverage was any sort of private infringement on individual liberties. The politics surrounding this week’s arguments are no doubt adding fuel to this fire.

To review, today, the SCOTUS will have the opportunity to reverse the decisions of lower appellate courts which struck down a mandate requirement in one state, upheld it in another, or thought it an inappropriate time to challenge it ahead of 2014. Congress’s ability to rely on the commerce clause to legislate such an action is what will be at the center of today’s deliberations. Those on the plaintiffs’ side of things will be specifically contesting lawmakers’ ability to regulate insterstate commerce of services. The federal government will argue that taxation, as opposed to a penalty, for failure to purchase coverage is necessary and proper to carry out insurance reforms as part of the reform law. This is necessary, the government contends, because the burden of increased healthcare costs rests upon the sheer numbers of uninsured whose care would require taxpayers to shoulder that burden if the mandate provision were not included within the ACA. This prevents cost-shifiting to the taxpayer, when, under reform, the uninsured have the power via subsidy to apply the use of exchanges in the healthcare market place — to obtain healthcare.

Dectractors warn that the government cannot rely on the necessary and proper clause because that clause gives Congress the authority only to use “means by which other objects are accomplished”. The power to force individuals to purchase insurance would be to create interstate commerce so that Congress would regulate it. To see the big picture, check out the infographic here.

More Read

Dilemmas in Healthcare’s Information Age: A Bioethicist’s Take on EMRs, DNA Sequencing
How Big Data Hadoop Can Save Patients from a Crippling Healthcare System
Dog Versus Treadmill: No Contest
A Clearer Way to Think about Medicare Vouchers
Microsoft Aims to Transform Healthcare Using Artificial Intelligence and Machine Learning

 

TAGGED:ACAhealth reformindividual mandatesupreme court
Share This Article
Facebook Copy Link Print
Share

Stay Connected

1.5KFollowersLike
4.5KFollowersFollow
2.8KFollowersPin
136KSubscribersSubscribe

Latest News

Flat editorial illustration: The article connects routine visual inspection and accurate barrier fit with protection of peristoma
Peristomal Skin Care: Healthy Skin, Irritation Causes, and When to See a WOC Nurse
Health Nursing
November 2, 2026
Flat editorial illustration: Clinical-trial operations editorial illustration combining healthcare and technology: country-specif
Clinical Study Operations Across Eastern European Research Markets
Health
October 31, 2026
Flat editorial illustration: A health-editorial scene of a first pain-management visit, bringing together attentive consultation,
What to Expect at Your First Pain Management Appointment
Therapies Wellness
October 29, 2026
Flat editorial illustration: The core relationship is medication-only coverage versus coverage for a supervised clinical program.
Medical Weight Loss as a Workplace Benefit: The Questions I Would Want Asked
Weight Loss Wellness
October 29, 2026

You Might also Like

Why Hospitals, Health Plans and Medical Groups Should Invest in Patient-Centered Communication Skills

May 31, 2013
medical negligence
Policy & Law

Navigating Medical Negligence: How Legal Support Can Help You Seek Justice

January 3, 2025
Healthcare myths and facts
Medical EthicsMedical InnovationsSocial MediaWellness

BioPharma Beat: No, the Facts Don’t Always Speak for Themselves

July 14, 2014
health-care-reform-overview
Health ReformMedical RecordsNewsPolicy & Law

Healthcare Reform’s Impact: Staff and Service Cuts Expected

December 15, 2011
Subscribe
Subscribe to our newsletter to get our newest articles instantly!
Follow US
© 2008-2026 HealthWorks Collective. All Rights Reserved.
  • About
  • Contact
  • Privacy
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?