Healthcare Reform: Legislative Updates & Changes
By: Robert J. McBride
State Legal Challenges
1. Thirteen State Attorneys General have filed lawsuits in federal court challenging the constitutionality of the act.
2. The legitimacy of the lawsuits rest in an understanding of federalism.
Federalism
1. Congress power to act comes only from the authority granted it in the constitution.
2. A state's power to govern is broad.
Commerce Clause Article I, Section 8, Clause 3
1. Congress shall have the power to regulate commerce among the several states.
2. Is the regulated activity (health care) interstate commerce - how broad is the commerce clause.
3. States argue that legislation regulates inactivity:
"If a person decides not to buy health insurance, that person by definition is not engaging in commerce" - Virginia Attorney General Kenneth Cuccinelli.
4. Two lines of US Supreme Court cases can be read for and against.
For more information on how healthcare reform will impact your business please attend the Healthcare Seminar this June 2010 or contact Robert J. McBride.