A Guide to the Supreme Court's Review of the 2010 Health Care Reform Law

March 2, 2012

Website Link  http://www.kff.org/healthreform/upload/8270-2.pdf

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After the enactment of the Affordable Care Act (ACA) in March, 2010, numerous lawsuits challenging various provisions of the landmark health care reform law were filed in the federal courts. Many of those cases were dismissed, but some federal appellate courts issued decisions on the merits of the law. In November, 2011, the United States Supreme Court agreed to consider several issues related to the constitutionality of the ACA arising out of two cases in the 11th Circuit Court of Appeals, National Federation of Independent Business v. Sebelius,1 and Florida v. Department of Health and Human Services.2 This policy brief explains the issues raised by the cases pending before the Supreme Court, answers some key questions about the parties' legal arguments, and considers potential effects of the Court's decisions.