N Engl J Med. 2012 Mar 14. [Epub ahead of print]
The Severability of the Individual Mandate.
Source
From the Department of Psychiatry and LA Biomed, Harbor-UCLA Medical Center, Torrance, CA (S.Y.S.); the Department of Psychiatry and Biobehavioral Sciences, Geffen School of Medicine, and the School of Public Health, UCLA - both in Los Angeles (S.Y.S.); and the Institute of Health Policy, Management, and Evaluation and the Department of Medicine, University of Toronto; Mount Sinai Hospital; and the University Health Network - all in Toronto (A.S.D.).
Abstract
The Supreme Court is now reviewing a federal appeals court decision that the individual mandate in the Affordable Care Act (ACA), which requires that individuals either purchase health insurance or pay a penalty, is unconstitutional. If the Courtagrees, it will then consider whether to invalidate the mandate alone or also strike down other provisions, perhaps even the entire ACA, because the mandate cannot be disentangled ("severed") from the rest of the law. The ACA's fate may therefore depend on the severability of the mandate. The Court has received briefs on three options: inseverability from the entire ACA, severability from . . .
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