As of November 2011, four Circuit Courts have issued opinions on the constitutionality of the Patient Protection and Affordable Care Act. Each case has essentially focused on two issues: whether the Act’s Section 1501, the Requirement to Maintain Minimum Essential Coverage, violates the Commerce Clause of the United States Constitution: and whether the penalty assessed against taxpayers who do not maintain the minimum level of coverage is a “tax” and therefore authorized under Congress’ taxing power. These opinions are interesting but largely miss the mark in their analysis of whether the PPACA violates the Constitution…
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