King v. Burwell: Interpreting the Affordable Care Act
Posted on Mon Mar 02, 2015 at 09:51:55 AM EST
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Section 1311 of the Affordable Care Act (PDF) ("Obamacare") provides, in part, as follows:
Each State shall, not later than January 1, 2014, establish an American Health Benefit Exchange (referred to in this title as an ‘‘Exchange’’) for the State [. . . .]
Read literally and in isolation, this provision requires states to establish "exchanges." There is no escape clause provided in Section 1311. However, such a provision would violate the rule established in Printz v. United States, in which Justice Scalia, writing for the court, stated that "the forced participation of the States' executive in the actual administration of a federal program" violates the Constitution's federalism provisions.
More on the flip.
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