Health Care Reform

Opponents of the Affordable Care Act (ACA) have brought various lawsuits claiming that Congress lacked authority to pass the ACA but it is well-settled that the Commerce Clause of the Constitution allows Congress to make laws addressing national economic problems. The ACA addresses a national breakdown in the health insurance market that has resulted in widespread denials of coverage, limited access to health care, and increased health care costs. By addressing the economic impacts of the discrimination that women face in the health insurance market, it also falls within a long tradition of civil rights laws falling well within Congress’s authority under the Commerce Clause.

This fact sheet provides information on the contraceptive coverage provision of the health care law and discusses the legal challenges that it faces.