health care law

The Supreme Court should affirm the constitutionality of the Affordable Care Act, contends Washington University in St. Louis law professor Greg Magarian, JD, because the Act fits comfortably within a proper understanding of the federal-state balance of power. Magarian, a constitutional law expert, says the basic argument against the constitutionality of the health care bill is that some parts of the bill, most notably the requirement that people purchase health insurance, exceeds Congress’ power to regulate interstate commerce.

The ruling by Judge Henry E. Hudson of the Federal District Court in Richmond, Va., finding the individual mandate provision of the new health-care law unconstitutional is an important ruling, but it does not settle the question, says Timothy D. McBride, PhD, health economist and associate dean for public health at the Brown School at Washington University in St. Louis. McBride says that the individual mandate, while just a small piece of the health reform structure, is very important to making all of the parts of health reform work. “It is more or less like pulling on the thread of a garment, and having the whole garment come apart if this disappears,” he says.