Tagged obamacare


The Moral Foundations of the Insurance Mandate

By Tina Rulli* Republicans’ new plan to replace the Affordable Care Act ditches the health insurance mandate, the requirement for individuals to purchase health insurance or pay a penalty. Instead, their American Health Care Act favors tax credits to incentivize people to purchase insurance. There are many vantage points from which to assess the health…


The ACA is working – and there is no replacement

By Jonathan Gruber, MIT* One of the most contentious public policy issues of the early days of the Trump Administration is the future of the Affordable Care Act (ACA). President Trump and congressional Republicans decry the law as a failure and say that it must be repealed and replaced with something better. This line of…


Solicitor General Don Verrilli: What We Stand For

I was fortunate to be a part of many great moments, in and out of the Supreme Court’s chambers, during my tenure as Solicitor General in the administration of President Obama. But of all the great moments, the one that means the most to me occurred at the end of a grueling three days of…


King v. Burwell: Following the Law

By Professor Erwin Chemerinsky* If not for the deep ideological divisions surrounding the Affordable Care Act, there would be no doubt that those who purchase insurance on exchanges created by the federal government should receive tax credits.   In King v. Burwell, Chief Justice Roberts and Justice Kennedy transcended the partisanship surrounding the law and joined…


Case Comment: Burwell v. Hobby Lobby

Third in the HLPR Case Comment series, “Least Restrictive Means”: Burwell v. Hobby Lobby, by Noah Marks! Noah examines a strange leap in the Supreme Court’s reasoning in Hobby Lobby that has left the way open for further restrictions on access to contraceptives.


Why did the D.C. Circuit Strike Down an ACA Regulation?

By Tom Watts Yesterday morning, the D.C. Circuit decided Halbig v. Burwell, and the Fourth Circuit decided King v. Burwell. They addressed whether the text of the Affordable Care Act permits subsidies for individuals who purchase insurance on the federal health care exchange. The D.C. Circuit decided that it did not, while the Fourth Circuit…

By Tom Watts Part 2 in a series on National Federal of Independent Business v. Sebelius: Roberts and the four liberals upheld the individual mandate as valid under the Taxing Clause. The majority noted, “The exaction the Affordable Care Act imposes on those without health insurance looks like a tax in many respects.” It pointed out…

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