1) Entire Affordable Care Act IS constitutional. " CJ Roberts: "Our precedent demonstrates that Congress had the power to impose the exaction in Section 5000A under the taxing power, and that Section 5000A need not be read to do more than impose a tax. This is sufficient to sustain it." Justice Kennedy dissents: "Entire Act is invalid." He is joined in his dissent by justices Scalia, Thomas, Alito.
2) Iindividual mandate is upheld as a tax. CJ Roberts holds it would violate Commerce Clause (i.e., Congress constitutional authority to regulate interstate commerce) but it is legal as a tax (Congress has authority to raise revenue). Justice Gingsberg dissents and believes Individual Mandate does not violate Commerce Clause. She is joined in her dissent by justices Bryers, Sotomayor, and Kagan. Justice Gingsberg also believes Medicaid provision is constitutional as written.
3) Expansion of Medicaid is constitutional but Federal government's authority to terminate states' Medicaid for noncompliance with new requirements is narrowly read. "Nothing in our opinion precludes Congress from offering funds under the ACA to expand the availability of health care, and requiring that states accepting such funds comply with the conditions on their use. What Congress is not free to do is to penalize States that choose not to participate in that new program by taking away their existing Medicaid funding."
Hope this is helpful.
Kind regards to all, and please remember that: ¡Sí, se puede!
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