Health Care Act - CON LAW 2/2 HEALTH CARE ACT Why the...

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CON LAW 2/2 HEALTH CARE ACT Why the Health Care Act was taken by the SC Dispute between State circuit courts Solicitor General wants the case taken by SC There is a constitutional question Legal questions with Health Care Act Is individual mandate of Health Care Act a violation of commerce clause? States rights question: Can a state be denied federal funds if they don’t expand Medicaid spending? Can the federal government coerce the states in this way? Justiciability: does the court have the ability to hear this case at this time? Anti-injunction act says the constitutionality of taxes cannot be questioned before the court until the taxes go into place Severability If the court finds the individual mandate unconstitutional, does it make the entire act unconstitutional? How the Justices will vote Gonzalez v. Raich (6-3 for the federal government) Can fed government prosecute citizens for growing marijuana in their own home?— Yes Wikard v. Filburn used as precedence US v. Lopez
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  • Spring '12
  • Wechsler
  • Law, Civil Rights, Supreme Court of the United States, Gonzales v. Raich, health care act

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