NFIB v Sebelius – Flashcards
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2012
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year
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2010 Patient Protection and Affordable Care Act (ACA)
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tried to inquired people covered by health insurance by decreasing the cost; not complying caused shared responsibility payment
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problems of act
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"individual mandate" and Medicaid expansion requirement condition required up to 100% of federal funding
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Art 1. Sec. 8
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part of constitution questioned with individual mandate
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Government argument
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commerce and necessary and proper clause; taxing power
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Roberts opinion
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commerce is wrong because it has to regulate something existing, but taxation is valid because it isn't a command (function, not label); medicaid expansion is unconstitutional because coercion