Health Care Law Litigation

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.

Watch our short video explaining the legal challenges, why we think the law is constitutional, and what women could lose if the law is struck down.

Resources

• Amicus Brief: Department of Health and Human Services, et al., v. State of Florida, et al.
• The Health Care Litigation: What Women Could Lose
• Health Care Law Litigation: Glossary of Terms
• Amicus Brief: Susan Seven-Sky, et al., v. Eric H. Holder, Jr., et al.
• Amicus Brief: State of Florida, et al., v. Department of Health & Human Services, et al.
• Amicus Brief: Commonwealth of VA, Ex. Rel., Cuccinelli, II, v. Sebelius

NWLC Press Statements

• National Women’s Law Center Files Amicus Brief In Affordable Care Act Case Before The Supreme Court (January 13, 2012)
• National Women's Law Center Responds to Supreme Court Announcement on Affordable Care Act (November 14, 2011)
• NWLC Responds To D.C. Circuit Court Ruling On Affordable Care Act (November 8, 2011)
• 11th Circuit Decision on the Affordable Care Act is Legally Incorrect and Harmful to Women and Families, says NWLC (August 12, 2011)
• Appeals Court Hears Oral Arguments Challenging New Health Law (May 11, 2011)

From Our Blog

• Today at the Court: The Justices Consider the Individual Responsibility Provision (March 27, 2012)
• The Affordable Care Act Goes to the Supreme Court (March 26, 2012)
• Decide Now, or Come Back and Do this All Again in a Few Years? (March 26, 2012)
• Health Care Fight Puts Women’s Health and Women’s Rights in Jeopardy (January 13, 2012)
• Will the Supreme Court Hold State Governments' Right to Choose Trumps Poor Women (January 13, 2012)
• States File Brief with Supreme Court Challenging Medicaid Expansion (January 11, 2012)
• An Unlikely Source Affirms the Constitutionality of Health Care Reform (November 9, 2011)
• Florida v. HHS – Not the Final Word on the Affordable Care Act and the Constitution (August 18, 2011)
• Why Women Need the Health Care Law (June 8, 2011)
• The ACA Goes to Court (May 11, 2011)
• Defending Women's Health in the Courts (April 9, 2011)
• The Health Care Litigation: What Women Could Lose (March 9, 2011) 
• What's at Stake for Women in the Health Care Cases (February 28, 2011)