Department of HHS v Florida Case Brief
Facts:
On March 2010,
the so called Patient Protection and Affordable Care Act was signed into law.
ACA was created in order to reform various aspects of the industry of private
healthcare insurance, in effect providing easier and more accessible health
insurance for millions of people in the United States. Medicaid is a program
which the ACA Act intends to expand through helping the said program achieve
expanded coverage, lower rates or costs, and most of all, security for millions
of Americans in the country in terms of healthcare.
One of the main
things that the ACA aimed to address was the fact that millions of Americans
had no actual health insurance and yet continually and actively consumed health
care services for which they did not actually pay. The said Act contained a so
called “minimum coverage provision” which amended the Tax code and provided a
so called “individual mandate” which, in short, stipulated that individuals who
failed to purchase and actually maintain a specific or minimum level of health
insurance would be subject to a tax penalty. Aside from this, the Act also
provided that Medicaid would be expanded and that the various states would have
to accept such expansion in order to receive funds from the federal government
for it. It was also stipulated that employers were obliged to obtain health
coverage for all his employees.
The ACA,
however, was challenged as per its constitutionality in several federal courts
around the country. One of the contentions of the courts involved was that no
state can actually be “controlled” or forced into agreeing with the said
improvements since Medicaid has always been treated and seen as a completely
voluntary and therefore, states have the right and prerogative to make the
various adjustments or amendments that they think necessary for their
respective state needs.
Plenty briefs
from various individuals as well as groups were filed in relation to this case
in order to uphold the constitutionality of the said Act.
On January 2011,
a ruling in the case by one Judge Vinson deemed it to be unconstitutional as
regards the said Act’s expansion of Medicaid. He stated that the Minimum
coverage provision or Individual mandate provision of the said act cannot stand
alone when separated from the other parts of the Health Care Reform law and
that Congress did not have the authority to adopt such a provision in the first
place. He then made a declaratory judgment to the effect that the law should be
stricken down in its entirety.
On September
2011, the Obama Administration made a petition to the Supreme Court for the
review of the decision passed. The Supreme Court then approved such appeal and proceeded
to reexamine the said case.
Issue:
The issue is
whether or not the said Affordable Care Act is constitutional.
Application
YES. This case
underwent numerous courts and decisions and it was subjected to many opposing
opinions. Ultimately, however, on June 28, 2012, the United States of America
Supreme Court upheld the constitutionality of the Affordable Care Act. In particular, the Individual mandate was
declared by the court as constitutional, stating that it was the Congress’
power to levy taxes that was being used and not its ability to regulate
interstate commerce. Medicaid also received a favorable judgment but the court
imposed some restrictions such as that the Congress may not condition the
receipt of the entire fund for Medicaid based on participation on the said
expansion.
This case is
quite remarkable as a landmark case. Here, Chief Justice Roberts broke with the
Supreme Court’s conservative wing in order to uphold the decision in 5-4.
Notable in this decision is the dissent of Justice Ruth Ginsberg whose argument
was centered around the lack of the power of the Congress to actually enact the
said law.
More Sample Case Briefs:
1. Regents of the University of California v. Bakke
2. Roe v. Wade Case Brief
3. US v. Nixon Case Brief
4. Brown v. Board of Education Case Brief
5. Miranda v. Arizona Case Brief
6. New York Times Co. v. Sullivan Case Brief
7. US v. Windsor Case Brief
8. Mapp v. Ohio Case Brief
9. Korematsu v. US Case Brief
10. Plessy v. Ferguson Case Brief
11. Dred Scott v. Sandford Case Brief
12. Gideon v. Wainwright Case Brief
13. Marbury v. Madison Case Brief
More Sample Case Briefs:
1. Regents of the University of California v. Bakke
2. Roe v. Wade Case Brief
3. US v. Nixon Case Brief
4. Brown v. Board of Education Case Brief
5. Miranda v. Arizona Case Brief
6. New York Times Co. v. Sullivan Case Brief
7. US v. Windsor Case Brief
8. Mapp v. Ohio Case Brief
9. Korematsu v. US Case Brief
10. Plessy v. Ferguson Case Brief
11. Dred Scott v. Sandford Case Brief
12. Gideon v. Wainwright Case Brief
13. Marbury v. Madison Case Brief
This is a sample Department of HHS v. Florida Case Brief from smartessaywriters.com – the leading provider of reliable and affordable essay writing services and research paper writing services in the United States and the United Kingdom
No comments:
Post a Comment