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Interpreting the Supreme Court's Decision: Law, Policy and Politics. June 28, 2012. Interpreting the Ruling. Bruce Brown Partner. Anti-Injunction Act. Is it too soon to consider the case? No. The case is not barred by the Anti-Injunction Act.
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June 28, 2012
Is it too soon to consider the case?
No. The case is not barred by the Anti-Injunction Act.
Is the individual mandate constitutional?
Why is the individual mandate constitutional?
It is a valid exercise of Congress’s taxing power
It is NOT a valid exercise of Congress’s Commerce Clause Power.
Has Congress overstepped its authority by conditioning all federal funding for Medicaid upon States’ agreement to expand eligibility for Medicaid?
Yes, “by threatening States with the loss of their existing Medicaid funding if they decline to comply with the expansion.”
Senior Managing Director
States will make decision in the next few months.
Estimates are that the exchanges in 40 or more states could
start under federal operation or under partnership models.
ACA now part of election year decision on the role of the federal government
2012 Election leads to tax and entitlement reform in Washington, DC.
States, businesses, and the health industry must make some decisions now…
While recognizing that the elections and 2013 tax and entitlement reform will bring more changesBut the Fight Over ACA’s Future is Far From Over…
Will employers opt for a flat payment and send employees to the Exchange?
Senior Strategic Advisor and Independent Consultant
…This will change in the post-election landscape
Bruce Brown Cindy Gillespie
Partner – Atlanta Senior Managing Director – Washington, DC
Litigation Public Policy and Regulatory Affairs
Tel: 404.527.8390 Tel: 202.496.7684
Email: firstname.lastname@example.org Email: email@example.com
Ann Murray Phillip Seckman
Partner – Atlanta Partner – Denver
Employee Benefits and Executive Compensation Government Contracts
Tel: 404.527.4940 Tel: 303.634.4338
Email: firstname.lastname@example.org Email: email@example.com
Senior Strategic Advisor & Independent Consultant – Washington, DC