The Volokh Conspiracy is a legal blog co-founded in 2002 by law professor Eugene Volokh, covering legal and political issues from an ideological orientation it describes as "generally libertarian, conservative, centrist, or some mixture of these." It is one of the most widely read and cited legal blogs in the United States. The blog is written by legal scholars and provides discussion on complex court decisions.
Sylvia Mary Burwell is an American government and non-profit executive who has been the 15th president of American University since June 1, 2017. Burwell is the first woman to serve as the university's president. Burwell earlier served as the 22nd United States Secretary of Health and Human Services. President Barack Obama nominated Burwell on April 11, 2014. Burwell's nomination was confirmed by the Senate on June 5, 2014, by a vote of 78–17. She served as Secretary until the end of the Obama administration. Previously, she was the Director of the White House Office of Management and Budget from 2013 to 2014.
Jerry Edwin Smith is an American attorney and jurist serving as a United States circuit judge of the United States Court of Appeals for the Fifth Circuit.
The Origination Clause, sometimes called the Revenue Clause, is Article I, Section 7, Clause 1 of the U.S. Constitution. The clause says that all bills for raising revenue must start in the U.S. House of Representatives, but the U.S. Senate may propose or concur with amendments, as in the case of other bills.
Reed Charles O'Connor is a United States district judge of the United States District Court for the Northern District of Texas. He was nominated by President George W. Bush in 2007.
In the United States, health insurance marketplaces, also called health exchanges, are organizations in each state through which people can purchase health insurance. People can purchase health insurance that complies with the Patient Protection and Affordable Care Act at ACA health exchanges, where they can choose from a range of government-regulated and standardized health care plans offered by the insurers participating in the exchange.
A health insurance mandate is either an employer or individual mandate to obtain private health insurance instead of a national health insurance plan.
The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act (PPACA) and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010. Together with the Health Care and Education Reconciliation Act of 2010 amendment, it represents the U.S. healthcare system's most significant regulatory overhaul and expansion of coverage since the enactment of Medicare and Medicaid in 1965.
A contraceptive mandate is a government regulation or law that requires health insurers, or employers that provide their employees with health insurance, to cover some contraceptive costs in their health insurance plans.
National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012), is a landmark United States Supreme Court decision in which the Court upheld Congress's power to enact most provisions of the Patient Protection and Affordable Care Act (ACA), commonly called Obamacare, and the Health Care and Education Reconciliation Act (HCERA), including a requirement for most Americans to pay a penalty for forgoing health insurance by 2014. The Acts represented a major set of changes to the American health care system that had been the subject of highly contentious debate, largely divided on political party lines.
Since the passage of the Affordable Care Act (ACA), there have been numerous actions in federal courts to challenge the constitutionality of the legislation. They include challenges by states against the ACA, reactions from legal experts with respect to its constitutionality, several federal court rulings on the ACA's constitutionality, the final ruling on the constitutionality of the legislation by the U.S. Supreme Court in National Federation of Independent Business v. Sebelius, and notable subsequent lawsuits challenging the ACA. The Supreme Court upheld ACA for a third time in a June 2021 decision.
Ilya Somin is a law professor at George Mason University, B. Kenneth Simon Chair in Constitutional Studies at the Cato Institute, a blogger for the Volokh Conspiracy, and a former co-editor of the Supreme Court Economic Review (2006–2013). His research focuses on constitutional law, property law, migration rights, and the study of popular political participation and its implications for constitutional democracy.
The Fairness for American Families Act is a bill that would "amend the Internal Revenue Code, as amended by the Patient Protection and Affordable Care Act, to delay until 2015 the requirement that individuals maintain minimal essential health care coverage." The bill was introduced into the United States House of Representatives during the 113th United States Congress.
King v. Burwell, 576 U.S. 473 (2015), was a 6–3 decision by the Supreme Court of the United States interpreting provisions of the Patient Protection and Affordable Care Act (ACA). The Court's decision upheld, as consistent with the statute, the outlay of premium tax credits to qualifying persons in all states, both those with exchanges established directly by a state, and those otherwise established by the Department of Health and Human Services.
United States House of Representatives v. Azar, et al. was a lawsuit in which the United States House of Representatives sued departments and officials within the executive branch, asserting that President Barack Obama acted illegally in his implementation of the Patient Protection and Affordable Care Act. The lawsuit was touted by House Speaker John Boehner, and asserted that President Obama exceeded his constitutional authority in delaying the implementation of the employer mandate of the Affordable Care Act and also addressed "Republican opposition to an estimated $175 billion in payments to insurance companies over the next 10 years as part of a cost-sharing program under the healthcare law."
Timothy S. Jost is Robert L. Willett Family Professor of Law, emeritus, at Washington and Lee University School of Law. A top expert on American health law and policy, he is a co-author of Health Law, a casebook that pioneered health law as a teaching and research field in American law schools. His analysis and arguments regarding the Patient Protection and Affordable Care Act have been widely quoted.
The premium tax credit (PTC) is a mechanism established by the Affordable Care Act (ACA) through which the United States federal government partially subsidizes the cost of private health insurance for certain lower- and middle-income individuals and families. The PTC is a refundable tax credit, and may be applied directly to the cost of insurance premiums.
Zubik v. Burwell, 578 U.S. ___ (2016), was a case before the United States Supreme Court on whether religious institutions other than churches should be exempt from the contraceptive mandate, a regulation adopted by the United States Department of Health and Human Services (HHS) under the Affordable Care Act (ACA) that requires non-church employers to cover certain contraceptives for their female employees. Churches are already exempt under those regulations. On May 16, 2016, the Supreme Court vacated the Court of Appeals ruling in Zubik v. Burwell and the six cases it had consolidated under that title and returned them to their respective courts of appeals for reconsideration.
The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) or nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010. Together with the Health Care and Education Reconciliation Act of 2010 amendment, it represents the U.S. healthcare system's most significant regulatory overhaul and expansion of coverage since the passage of Medicare and Medicaid in 1965. Once the law was signed, provisions began taking effect, in a process that continued for years. Some provisions never took effect, while others were deferred for various periods.
California v. Texas, 593 U.S. ___ (2021), was a United States Supreme Court case that dealt with the constitutionality of the 2010 Affordable Care Act (ACA), colloquially known as Obamacare. It was the third such challenge to the ACA seen by the Supreme Court since its enactment. The case in California followed after the enactment of the Tax Cuts and Jobs Act of 2017 and the change to the tax penalty amount for Americans without required insurance that reduced the "individual mandate" to zero, effective for months after December 31, 2018. The District Court of the Northern District of Texas concluded that this individual mandate was a critical provision of the ACA and that, with a penalty amount equal to zero, some or all of the ACA was potentially unconstitutional as an improper use of Congress's taxation powers.
