The states are powerful enough to stand up to the federal government when it violates citizens’ rights. Learn how we can better leverage the power of states.
Some state lawmakers committed to striking down the federal takeover of health care – the Patient Protection and Affordable Care Act (“PPACA”) – have moved forward with establishing PPACA insurance exchanges at the same time the United States Supreme Court will be deciding the law’s fate.
Why? The answer we have heard over and over again is that they are establishing PPACA exchanges in their states in order to preserve state control and flexibility over the exchange. However, this answer is refuted by a review of the law.
On November 14, the U.S. Supreme Court granted review of the 26-state lawsuit against the President’s healthcare law, the Patient Protection and Affordable Care Act. The Court granted 5 ½ hours for oral argument, including 2 hours of argument on the individual mandate and 1 ½ hours on severability, which addresses whether, in the event the mandate is found unconstitutional, the entire Act must be stricken as well.