How Health Care Is Being Challenged

Law360, New York (May 10, 2011, 10:31 AM EDT) -- The constitutionality of the Patient Protection and Affordable Care Act has been challenged in numerous cases, some of which have been decided on the merits. This article briefly summarizes the constitutional challenges asserted.

Commerce Clause

The relevant portion of the Commerce Clause is only seven words long and grants Congress the power "to regulate Commerce ... among the several states." All of the ACA cases revolve around the same four precedents — Wickard v. Filburn, 317 U.S. 111 (1937), Gonzalez v. Raich, 545 U.S. 1 (2005),...
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