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Constitutional Law Keyed to Shanor
NFIB v. Sebelius (on the Commerce Clause)
Citation:132 S. Ct. 2566 (2012)
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- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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In 2010, Congress passed the ACA. One provision of the ACA was the individual mandate, which required individuals to maintain health insurance. The government claimed this provision was a response to a cost-shifting problem. It reasoned 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, and the govenrment established the individual mandate as a way to address this cost-shifting promlem.
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