U.S. Supreme Court,
Health Care & Hospital Law,
Administrative/Regulatory
Jan. 7, 2019
If ruling stands, millions could lose health care coverage
Since the ACA became embedded as part of the health care system, Americans without health insurance dropped from 16.8 percent to 10.2 percent. If district court's ruling stands on appeal, the American health care system will be thrown into turmoil.
John H. Minan
Emeritus Professor of Law
University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
Article 1, Section 8, grants Congress a number of enumerated powers to enact laws, including the power to "lay and collect taxes" and to regulate commerce among the various states. In order to be constitutional, any law passed by Congress must be based on an enumerated power.
In 2010, Congress passed the federal Affordable Care Act (Obamacare) to provide "near-universal" health coverage and to "lower health insurance premiums" throug...
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