Supreme Court upholds Affordable Care Act in its entirety: individual mandate constitutional as a tax, Medicaid expansion approved of, but limited
28 June 2012U.S. Supreme Court and Appellate Alert
The Supreme Court upheld the constitutionality of the entire Affordable Care Act (ACA) today in a series of opinions in which Chief Justice Roberts was the deciding vote. The ACA’s individual mandate — which requires almost all Americans to obtain health insurance — was upheld as a constitutional exercise of Congress’ taxing power in a 5-4 decision in a lead opinion authored by the Chief Justice. In addition, through a coalition of three opinions, the Court upheld the ACA’s expansion of the Medicaid program, but denied the government the power to take away existing Medicaid funding from states that refuse to implement the expansion. The bottom line: the entire ACA survived the Court’s review, but there will be significant questions regarding the implementation of the Medicaid expansion moving forward.