On Thursday, June 28, 2012, the United States Supreme Court ruled that President Obama’s healthcare law known as the Patient Protection and Affordable Care Act (PPACA) is constitutional, and will be upheld. Although many were concerned about the constitutionality of the individual mandate, the Justices voted 5 to 4 that Congress was within its right to penalize the uninsured under the taxation clause.
Chief Justice John Roberts issued the ruling, saying the government can not force citizens to buy health insurance, but they can impose a tax on those who do not. Roberts also stated it is not up to the courts to decide the wisdom or fairness of a law, only the constitutionality. “The Affordable Care Act’s requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax. Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness.”
If you would like to read more about the court’s decision, please visit the links below.
National Association of Health Underwriters: http://newsmanager.commpartners.com/nahuw/issues/2012-06-28/index.html
Insurance Journal: http://www.insurancejournal.com/news/national/2012/06/28/253440.htm