Health Care Law Unconstitutional Essay

Pages: 3 (1001 words)  ·  Bibliography Sources: 4  ·  File: .docx  ·  Level: College Senior  ·  Topic: Healthcare

SAMPLE EXCERPT . . .
Four court cases that are currently being debated by the judicial system include: Florida v. U.S. Department of Health and Human Services, Commonwealth of Virginia v. Kathleen Sieblus, Seven Sky v. Holder and Thomas Moore Law Center v. Obama. In Florida v. U.S. Department of Health and Human Services, 26 states are challenging the right of the federal government to purchase health insurance. They believe that this is beyond the scope of power given to the federal government. In 2011, the U.S. District Court and Federal Appeals Court ruled that the Patient Affordable Care Act is unconstitutional. (Barnet, 2011, pp. 1 -- 236) (Willis, 2012, pp. 114 -- 129)

The case involving Commonwealth of Virginia v. Kathleen Sieblus challenged the power of the federal government to force individuals to purchase health insurance by having a tax imposed. The U.S. District Court and Court of Appeals, ruled that all other aspects of the law were constitutional with the exception of this provision. In Seven Sky v. Holder, the U.S. District Court ruled that the Patient Affordable Care Act is constitutional. While Thomas More Law Center v. Obama ruled in favor of the law to include: the provision of punishing individuals for not purchasing health care coverage in the form of a tax. These cases are illustrating how there are wide variety of interpretations about how the law is applied to the Constitution. (Barnet, 2011, pp. 1 -- 236) (Willis, 2012, pp. 114 -- 129)

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Based on previous case precedent, it is clear that the health care law is constitutional. The reason why is because the issues surrounding the delivery of health care services are not being addressed by the states. Moreover, many patients, providers and suppliers will have locations in more than one state. These areas give the federal government the authority to regulate health care under the Commerce Clause.

Essay on Health Care Law Unconstitutional Is Assignment

However, recent court cases are indicating that the penalty tax could be struck down. This is because the federal government is forcing individuals to purchase health insurance (which violates the provisions of individual choice). Beyond this area, it would not be surprising to see the law upheld. The reason why this view was taken; is through objectively looking at the powers given to the federal government from: previous Supreme Court decisions supporting these actions. After reviewing all of the facts, he Patient Protection and Affordable Care Act is in compliance with these guidelines. This is because it is dealing with interstate commerce and how this is a major economic / health issue that is not being addressed by the states.

References

Fact Sheet. (2010). Health Reform. Retrieved from: http://healthreform.gov/newsroom/new_patients_bill_of_rights.html

The Reach of Congressional Power. (2010). UMKC. Retrieved from: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/congpowers.htm

Barnett, R. (2011). On Writ of Certiorari. Georgetown Law The Scholarly Commons, 1-236

Willis, S. (2012). No Health Care Penalty. American Journal of Law, 38, 114-129 [END OF PREVIEW] . . . READ MORE

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"Health Care Law Unconstitutional."  Essaytown.com.  March 12, 2012.  Accessed January 24, 2021.
https://www.essaytown.com/subjects/paper/b/health-care-law-unconstitutional/9072254.