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Supreme Court Upholds Health Care Mandate Under Congressional Power to Tax

Supreme Court Upholds Health Care Mandate Under Congressional Power to Tax

June 28, 2012 No Comments

The Supreme Court’s surprising decision to uphold the Patient Protection and Affordable Care Act, not under the Commerce Clause, but as an exercise of Congress’ power to tax, shocked the press, confused the Nation and sent the experts – and the lawyers – to read, re-read, analyze and parse the lengthy and complex opinion. This dense opinion was authored for a 5- 4majority by Chief Justice John Roberts. Justices Kennedy, Alito, Scalia and Thomas dissented. The decision sets the set the stage for what will be the most hotly contested presidential election in decades.

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