Pro & con. State lawsuits won't succeed in overturning the individual mandate.
The Patient Protection and Affordable Care Act of 2010 looks to the states to implement its insurance regulatory reforms and exchanges, retaining for the national government what could be construed as merely a backup role. The law offers federal support to the states, along with opportunities to act creatively to meet residents' needs. It thus is unfortunate that a number of states have responded by challenging the law, both legislatively and judicially, rather than getting on with implementation. These challenges have no legal merit and are a serious distraction from the real work that lies before the states.
Washington and Lee University School of Law, Lexington, Virginia, USA. jostt@wlu.edu
Timothy S
TS
Jost
D033161:Government Regulation; D017048:Health Care Costs; D018166:Health Care Reform / Q000331:legislation & jurisprudence*; D007348:Insurance, Health / Q000331:legislation & jurisprudence* / Q000458:organization & administration; D037141:Mandatory Programs / Q000331:legislation & jurisprudence*; D008484:Medicaid / Q000331:legislation & jurisprudence; D013219:State Government; D014481:United States