ACA ruling explored during ‘Horizon’ segment with A. Hessick

ASU Law Professor Andy Hessick discussed the U.S. Supreme Court’s decision to uphold the Affordable Care Act during a segment on Thursday, June 28, on Channel 8’s Horizon.

Hessick outlined the four cases that were part of the challenge – first, that the court could not hear challenges to a tax until the tax was assessed, second, that the individual mandate requiring people to purchase health insurance violated the Commerce Clause to the U.S. Constitution, third, a question of whether the act could stand if the individual mandate was struck down, and fourth, the expansion of Medicaid.

On a 5-4 ruling, the high court said the act is constitutional, except for the Medicaid portion.

In a move that surprised many, Chief Justice John Roberts sided with the liberal members of the court, writing the majority opinion that said the individual mandate, the act’s most controversial section, did not regulate commerce. Rather, he wrote, Congress had created a tax when it passed the act, which it is permitted to do.

“That might indicate he (Roberts) is thinking about his legacy and doesn’t want to be known as the chief justice who struck down a major act. Maybe he wants to demonstrate that he is not partisan, that he is deciding according to the rule of law,” Hessick said. “I’m sure the court does care about how the public receives them.”

To watch the program, click here.