The Research On The Constitutionality Of Patient Protection And Affordable Care Act

The Patient Protection and Affordable Care Act was signed into law byPresident Obama atfer a heated fight in Congress over the landmarklegislation. The law aims to bring down the cost of healthcare and prohibitsinsurance companies from denying coverage on the grounds of pre-existingconditions. However, it has been objected by states that the law overextendsthe power of the federal government and therefore is unconstitutional. Theopinions from the District Court to the Supreme Court are different in manyaspects. This Article will focus on the analysis of the court opinions on thePatient Protection and Affordable Care Act as follows: Firstly, thebackground of the health care and the necessity of the health care reform inU.S. will be introduced briefly. Secondly, the main issues of the health caredebate and the Supreme Court opinions on the constitutionality of the PatientProtection and Affordable Care Act will be discussed in detail. Finally, basedon the detailed analysis on the constitutionality of the Patient Protection and Affordable Care Act, the author will share some thoughts that generates fromthe case analysis, including the discussion on judicial activism and judicialrestraints, the expansion of the federal power, etc.