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Constitutional Law Keyed to Stone
National Federation of Independent Business v. Sebelius (On the Commerce Clause)
Citation:567 U.S. 519 (2012)
In 2010, Congress passed the ACA. One provision of the ACA was the individual mandate, which required most Americans to maintain health insurance. The government claimed this provision was a response to a cost-shifting problem. They argued that everyone eventually needs health care, and some people do not have insurance and are unable to pay for their care. Hospitals are required to provide a certain degree of care regardless of individuals’ ability to pay, so they shift that cost to insurers, by charging them higher rates. Insurers shift that cost to their subscribers by charging them higher premiums.
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