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  • SUPREME COURT UPHOLDS HEALTHCARE LAW 5-4

    Well, there is no better time than now to get our blog up and running. As you may already know, the Supreme Court has held the Patient Protection and Affordable Care Act as constitutional. Now, let me be clear on one thing. THIS IS NOT GOING TO BE A BLOG WHERE ANY OF US AT CARR LAW SHARE OUR POLITICAL AFFILIATIONS.

    In a 5-4 decision, the Supreme Court upheld the law as constitutional. It was a surprise to many that Chief Justice Roberts not only sided with the majority, but wrote its opinion. Justice Kennedy, who is known for his swing vote, fell in the minority.

    The most controversial portion of the law has probably been the individual mandate. Basically, that provision requires most individuals to have health insurance by 2014 or risk paying a TAX/PENALTY. Generally, the Obama Administration refers to it as a penalty, the Supreme Court has called it a tax, saying that as a penalty it would not be constitutional.

    If you are like so many who have not had a chance to really read through the bill and figure out what it means for you, I highly recommend reading Chief Justice John Roberts’ opinion. It basically sums up the very lengthy Act in the opinion itself. CLICK HERE TO BE DIRECTED TO THE SUPREME COURT’S OPINION.

    The Chief Justice prefaces his opinion by saying, “We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation’s elected leaders.” The Supreme Court is under a duty to find an Act of Congress constitutional where possible, and it appears this was the justification of Chief Justice Roberts, ultimately concluding that the individual mandate falls under Congress’s power to tax.

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