Schapiro Discusses Affordable Care Actís Constitutional Issues on CNN
The courtís decision, anticipated this week, is one of the most closely followed in the recent past, already distinguished by the courtís decision to allow three days of oral arguments.
The linchpin of the case is the aspect of individual mandate, which would require citizens to either acquire health insurance or pay a fee by 2014, Schapiro said.
Following oral arguments in March, it appeared the court might be inclined to strike the law down, which would represent a remarkable shift, Schapiro said.
ďThe court hasnít struck down this kind of major piece of social policy, in 70 years,Ē Schapiro said. A sharply divided opinion is expected.
ďIn this court you always look to Justice Kennedy, who tends to be a swing vote,Ē Schapiro said.
Another constitutional question arises from the effect the healthcare law would have on state budgets, Schapiro said, as about half of the coverage of uninsured people would come through the expansion of Medicaid, the jointly funded state/federal healthcare program for the poor, Schapiro said.
ďThe question is whether Congress can force the states to add all those people to their budgets,Ē Schapiro said.
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