December 19, 2014

Legal Debate of the Individual Mandate

Health Care Law

Since October 2010, two District Court rulings have declared Section 1501 of the recent health care law unconstitutional, while three rulings other rulings have declared the same provision constitutional. Section 1501 will require non-exempted individuals to purchase minimum coverage health insurance in 2014 or pay a fine, as stated in the 906-page law [.pdf]. Within [...]

Health Care Law Struck Down in Florida

Health Care Lawsuit

The likelihood of the Supreme Court hearing a case on the health care law became even higher yesterday, when a federal judge in Florida ruled the entire law unconstitutional. Judge Vinson’s ruling [.pdf] struck down the law on the basis of the individual mandate exceeding the congressional authority of the Commerce Clause (Article 1, Section [...]

Divided Government Begins

112th Congress

Another era of divided government begins tomorrow with the commencement of the 112th Congress. Democrats will maintain control of the Senate, while Republicans will take control of the House of Representatives. This will be the first time since the 107th Congress that separate parties have controlled the two houses of the Legislative Branch. However, divided [...]

Key Health Care Provision Struck Down

Ruling on Heath Care

Perhaps the most controversial provision of the recent health care law is Section 1501, which would financially penalize individuals each year beginning in 2014 if they do not have health insurance for all 12 months of the previous year. The amount of the fine is 8.3% of taxable income or a maximum amount that will [...]