TITLE

Congress, Courts, and Commerce: Upholding the Individual Mandate to Protect the Public's Health

AUTHOR(S)
Hodge, James G.; Brown, Erin C. Fuse; Orenstein, Daniel G.; O'Keefe, Sarah
PUB. DATE
September 2011
SOURCE
Journal of Law, Medicine & Ethics;Fall2011, Vol. 39 Issue 3, p394
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's 'individual mandate' (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial 'inactivity.' Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health.
ACCESSION #
64501033

 

Related Articles

  • Obama breaks a century's logjam.  // CMAJ: Canadian Medical Association Journal;5/18/2010, Vol. 182 Issue 8, pE317 

    The article offers information on the U.S. health care system and health reform bill Patient Protection and Affordable Care Act signed by U.S. President Barack Obama. This reform has opened doors for the insurance companies in the U.S. to provide their services to 32 million uninsured U.S....

  • From Health Care Reform to Public Health Reform. Berman, Micah L. // Journal of Law, Medicine & Ethics;Fall2011, Vol. 39 Issue 3, p328 

    Even when turning its attention to public health topics such as preventive care and workplace wellness, the Affordable Care Act law embodies a highly individualistic paradigm of health. The provisions of the law implicitly assign the primary responsibility for prevention to individuals, who...

  • Health Plans and Death Plans. Cockburn, Alexander // Progressive Populist;9/15/2009, Vol. 15 Issue 16, p18 

    The article presents the author's insights on public health in the U.S. It cites that environmental conditions in the U.S. are the major contributors of modern illnesses. It notes the diverse health care reform produced by former U.S. presidents from 1930s-1960s that mainly address the...

  • Seeing clearly: Public reporting on processes, outcomes show clinicians where they can improve. Lumpkin, John // Modern Healthcare;7/25/2011, Vol. 41 Issue 30, p26 

    The author comments on the increasing movement for greater transparency in health care in the U.S. According to the author, public reporting of the cost and care provided by physicians and hospitals will help improve the quality of care in the country, as well as help lower health care costs....

  • Insurance on the job in jeopardy. Sebelius, Kathleen // Hill;9/10/2009, Vol. 16 Issue 100, pS.3 

    The article reports on the increased of the numbers of uninsured Americans after the continues rise of healthcare costs, which might be alleviated by the healthcare reform in the U.S.

  • Correction.  // National Journal;9/26/2009, p17 

    Corrections to the article "Health Reform and Truth-Telling" are presented.

  • The Individual Mandate: Implications for Public Health Law. Parmet, Wendy E. // Journal of Law, Medicine & Ethics;Fall2011, Vol. 39 Issue 3, p401 

    No provision of the Patient Protection and Affordable Care Act (PPACA) has been more contentious than the so-called 'individual mandate,' the constitutionality of which is now before several appellate courts. Critics claim that the mandate represents an unprecedented attempt by the federal...

  • Currents in Contemporary Bioethics. Rothstein, Mark A. // Journal of Law, Medicine & Ethics;Winter2010, Vol. 38 Issue 4, p871 

    The article focuses on the medical malpractice claims as well as the lawsuits initiated with regards to these malpractices. It states that the expanding access of federal legislation could affect the number of medical malpractice claims. It mentions that if the Patient Protection and Affordable...

  • National Health Care Reform and the Public's Health. Davis, Corey S.; Somers, Sarah // Journal of Law, Medicine & Ethics;Spring2011 Supplemen, Vol. 39, p65 

    The article discusses the implication of U.S. Patient Protection and Affordable Care Act (ACA, the Act) in public health. It says that the Act features the expansion of the number of people included in the coverage of health insurance and requires a person who failed to meet an exemption to...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics