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Health Care Law Litigation

*** UPDATE ***

In a 5-4 decision, the Supreme Court upheld the health care law known as the Affordable Care Act (ACA). 

Women in this country can breathe a huge sigh of relief that they and their families can continue to receive the many benefits of the health care law. It is clear that the federal government and the states must continue the essential work of implementing the law, and it is especially important that the states step up to the plate and provide health care coverage for all of their citizens, including those who are economically vulnerable and sorely need the expanded Medicaid coverage that the law provides.

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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.

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