Patient Protection and Affordable Care Act
Act of Congress, sometimes called "Obamacare", which threatens our constitutional liberties.
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Background and Resources
Google search on "Patient Protection and Affordable Care Act.
Public Law 111-148, 111th Congress, March 23, 2010. Text of the act.
aca litigation blog. A place to find news updates, legal analysis, and all official documents related to the various constitutional challenges to the Patient Protection and Affordable Care Act (as amended by the Health Care and Education Reconciliation Act of 2010).
Brief for the NFIB, Ahlburg, and Brown, Michael Carvin. Key argument that the restrictive phrase in the necessary-and-proper clause, "carrying into execution", means only "making an effort" and not "getting an outcome".
Federal Action Review Commission. A proposal for institutionalized state-level resistance to federal usurpations that would include the ACA.
Blogs and Commentary
Constitution Blog. Contains several articles on the topic. Here are a few. Search the blog for others.
Individual mandate goes down in the 11th. This is discussion of the case that has been accepted for review by the U.S. Supreme Court.
Volokh Conspiracy. Many of the litigating lawyers hang out here.
Will the Necessary & Proper clause save Obamacare? Not if the Court follows McCulloch v. Maryland, David Kopel, November 17, 2011 4:33 pm. This is discussion of an article he wrote with Gary Lawson in the Yale Law Journal Online.
5.5 Hours of Oral Argument, Orin Kerr, November 14, 2011 3:00 pm. This is discussion of how the U.S. Supreme Court has allocated much more time for oral argument than it does in most cases.
BREAKING — High Court to Hear Health Care Challenges, Jonathan H. Adler, November 14, 2011 10:06 am. Announcement and discussion of the decision of the U.S. Supreme Court to review the Health Care Act.
National Law Journal. Expect many articles on this topic there.
For health care law, an uncertain prognosis, Marcia Coyle and Tony Mauro, The National Law Journal, November 21, 2011. Court faces questions over federalism, standing and whether two justices should recuse.
Analysis of the Patient Protection and Affordable Care Act (H.R. 3590). Rand Corporation Study.