加利福尼亚对德克萨斯州:避免反民主的结果
1Cleveland State University College of Law.
Journal of law and health
|June 4, 2024
概括
最高法院回避了"负担得起的医疗法案"的个人授权的宪法性. 如果达成优点,授权可能会被视为违宪的税收,与ACA不可分割.
科学领域:
- 卫生法律和政策卫生法律和政策
- 宪法 宪法 宪法 宪法 宪法
- 公共卫生 公共卫生
背景情况:
- 负担得起的医疗法案 (ACA) 包括一个要求最低基本覆盖的个人授权.
- 减税和就业法案将个人授权的罚款降至零,引发了法律挑战.
- 加利福尼亚诉德克萨斯是对ACA的重大法律挑战,决定立足而不是优点.
研究的目的:
- 分析ACA个人授权的假设宪法价值,如果最高法院对它们作出裁决.
- 根据NFIB诉塞贝利乌斯案 (Sebelius) 设置的先例,确定零除罚款是否使个人授权违宪.
- 评估个人授权权与ACA其余部分的分离性.
主要方法:
- 根据"减税和就业法案"对ACA个人授权条款的法律分析.
- 审查最高法院的先例,特别是国家独立企业联合会诉塞贝利斯 (NFIB).
- 关于法定条款可分离性的宪法解释.
主要成果:
- 个人授权,其处罚重置为零,可能不符合NFIB诉塞贝利乌斯的税收标准.
- 违宪的个人授权条款很可能被认为是与ACA不可分割的.
- ACA的核心职能,包括医疗保健系统融资和预先存在的疾病保护,都与任务相关.
结论:
- 如果最高法院在实质上做出决定,个人授权可能会被认为违宪.
- 该任务的不可分割性表明,其违宪性可能导致整个ACA被废除.
- 鉴于公众对ACA改革的支持,彻底废除ACA将是反民主的,并将对医疗保健的获得产生重大影响.
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