Study: Auto-Enrollment Could Serve as a Replacement for the Individual Mandate

By: Friday June 15, 2012 3:48 pm

Depending on how the Supreme Court rules this month regarding the individual mandate, some of the law’s supporters many soon start looking for a replacement which can serve a similar role in getting more people to buy insurance.

 

Eight Ways the Supreme Court Could Rule on Health Care

By: Friday June 15, 2012 8:35 am

With the Supreme Court likely to rule on the Affordable Care Act before the end of the month, here are eight ways the decision could come done. There are technically numerous ways and small deviations of how the Court could theoretically decide this case but these basic eight categories should cover all the likely, and even most of the unlikely, possible outcomes.

UnitedHealth, Others Will Keep Several Insurance Regulations Even If SCOTUS Tosses Out Obamacare

By: Tuesday June 12, 2012 2:10 pm

Every political reporter in the country is anxiously awaiting the list of opinions from the Supreme Court every Monday and Thursday from now until the end of the month. At some point, the decision on the Affordable Care Act will come out. But that will actually not signal the fate for the law, or at least the entire fate.

UnitedHealth, one of the largest insurers in America, made the decision to retain several benefits from the law’s provisions, and other large insurers will reportedly follow suit.

Supreme Court Arguments on ACA Didn’t Change Popular Opinions

By: Tuesday April 24, 2012 8:30 am

The Supreme Court’s historic six hours of oral argument about the Affordable Care Act didn’t significantly change public opinion about the law. According the Kaiser Family Foundation Poll the country still remains evenly divided about the whole law. However, opinion about the individual mandate worsened.

Obama May Benefit from View that Supreme Court Ruling on ACA Will Be Partisan

By: Wednesday April 11, 2012 10:50 am

About 50 percent of the country thinks that the Supreme Court’s decision on the Affordable Care Act and its individual mandate will be based mainly on the Justices’ partisan views, not the legal merits. This may explain why the President has suggested overturning the law would be judicial activism and unprecedented.

What We Will Learn if Only the Mandate Is Struck Down

By: Thursday April 5, 2012 10:00 am

If the Supreme Court throws out only the individual mandate but leaves the rest of the Affordable Care Act intact, it would be a real boon for at least one group of individuals, health care policy researchers.

Why Can’t Congress Just Ask the Supreme Court Ahead of Time?

By: Tuesday April 3, 2012 1:00 pm

Our current system doesn’t allow the Supreme Court to offer advisory opinions. Instead of waiting years to find out if the Supreme Court will eventually find a provision unconstitutional, wouldn’t it make more sense to have a system in which Congress simply asks the Justices for advice on proposed legislation and how to avoid going into legally questionable territory?

It’s the Judicial Intervention that Matters, Not Just Health Care

By: Monday April 2, 2012 2:11 pm

I don’t care what you think about the health care law, a structure of government with a judicial review that feels free to parse legislation line by line and make what amount to ideological pronouncements on what can go forward and what cannot sounds a death rattle for progressive governance over time.

Supreme Court Would Not Find a Reason to Strike Down Single Payer

By: Monday April 2, 2012 10:00 am

There’s an argument that if the Supreme Court strikes down the ACA, it signals the court is so radical it would also find a reason to strike down Medicare for all. I find it nearly impossible to ever think this Court would ever be that activist. Not only do I think a majority of the justices have enough personal integrity to reject such a naked power grab, but more importantly I think the Justices are smart enough to properly fear the ramifications for the Court from such move.

The Supreme Court’s Conservative Activist Judges

By: Friday March 30, 2012 2:08 pm

Giving post-mortems on the question of health care at the Supreme Court is premature, and as law professor David Cole writes, you can find as much evidence for upholding Obamacare in the text of the arguments as you can evidence for tossing it out.

However, as a political spectacle, with the eyes of the nation upon them, it was clear to see that we have a large contingent, perhaps a majority, of committed judicial activists on the Court.

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