ACA Case

Question 1

ACA and Scope of Congress’ Powers Post-NFIB: R: Commerce Clause

Answer 1

Congress can only regulate “economic activity” under “substantial effects” test:

• Roberts says individual mandate is Economic BUT
• Court cannot regulate inactivity
• • Individual mandate TELL people what to buy.
• • Forcing people to move from not doing anything with their insurance TO getting insurance

Still in Retrenchment Era:
- Court accepts Modern Era cases, but is reluctant to use their logic to expand commerce clause any further.

Question 2

ACA and Scope of Congress’ Powers Post-NFIB: R: N/P Clause:

Answer 2

Look more closely at the “consistent with the letter and spirit of law” aspect of McCulloch

• The individual mandate forces people to engage in economic activity violates the spirit of the Constitution because it compels citizens to do something
• Undermines idea of personal autonomy

Violates “novelty” prong of Comstock
- No history of compelling people to buy insurance (not like the long history of civil commitments in Comstock

Question 3

ACA and Scope of Congress’ Powers Post-NFIB: R: Taxing: Unchanged

Answer 3

Can read the statute in 2 plausible ways

• Personal Responsibility Payment  Tax
• Personal Responsibility Payment penalty for violating law

B/c Court can be read as a tax, even if not best reading, then it can be upheld as a tax

Question 4

ACA and Scope of Congress’ Powers Post-NFIB: R: Spending: First, CC decision to limit conditions Congress can place on spending

Answer 4

Narrow holding, limiting conditions on federal spending when…
Ongoing inter-gov. partnership
- Takes Medicaid funds away rather than denying funds for an expanded program

Involving an extraordinary large funding grant