Affordable Care Act Litigation
The Supreme Court and the Future of Health Care Reform
- Lawrence O. Gostin, JD;
- Kelli K. Garcia, JD, PhD
- Author Affiliations: O’Neill Institute for National and Global Health Law, Georgetown University Law Center, Washington, DC.
Since this article does not have an abstract, we have provided the first 150 words of the full text.
- KEYWORDS:
- HEALTH CARE SYSTEM REFORM
- HEALTH POLICY
- INSURANCE COVERAGE
- INSURANCE, HEALTH
- JURISPRUDENCE
- LEGISLATION AS TOPIC
- MANDATORY PROGRAMS
- MEDICAID
- MEDICALLY UNINSURED
- STATE GOVERNMENT
- SUPREME COURT DECISIONS
Nearly 30 years after President Nixon proposed the first major overhaul of the health care system, comprehensive reform became a reality when President Obama signed the Patient Protection and Affordable Care Act (ACA) on March 23, 2010. The ACA is expected to cover 32 million currently uninsured people by expanding Medicaid, offering subsidies to purchase insurance, and prohibiting preexisting condition exclusions. Like Presidents Carter and Clinton before him, Barack Obama campaigned on a promise of health care reform.
Opposition to the ACA was immediate. At least 26 federal lawsuits were filed challenging its constitutionality.1 Supreme Court review has been requested in 5 cases and the Supreme Court granted review in one, Florida v HHS,2 a suit brought on behalf of 26 states. The Figure shows court holdings for cases in which the parties requested Supreme Court review. The Supreme Court has allotted an unprecedented 5-1/2 hours for …








