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ACA Upheld

- June 28, 2012

ACA has (basically) been upheld, including the individual mandate. We don’t live blog here, so just wanted to recommend the Scotusblog for what looks like a new comment every minute or so.

On the individual mandate, this post from Scotusblog at 10:25 seems to be the crux of the matter:

Amy Howe: The Court holds that the mandate violates the Commerce Clause, but that doesn’t matter b/c there are five votes for the mandate to be constitutional under the taxing power.

And the bottom line, again from Scotusblog:

The bottom line: the entire ACA is upheld, with the exception that the federal government’s power to terminate states’ Medicaid funds is narrowly read.

With the inevitable rush of “Obama wins” headlines, I do think it is worth repeating John’s point from his previous post:

My broader point is: the governments at all levels are going to do more regarding health care reform—under Democrats, under Republicans, perhaps under both. The Court’s decision today is important, but it is only one event in this ongoing process.

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Update: Here’s the link to the opinion.