National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)

Collection:

Scholarly Works

Title:

National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)

Creator:

Weeks, Elizabeth
Chirba, Mary Ann
Noble, Alice A.

Date of Original:

2023-01-01

Subject:

University of Georgia. School of Law
Law--Study and teaching
University of Georgia--Faculty

Location:

United States, Georgia, Clarke County, Athens, 33.96095, -83.37794

Medium:

chapters (layout features)

Type:

Text

Format:

application/pdf

Description:

In National Federation of Independent Business v. Sebelius, decided in 2012, twenty-six states as well as private individuals and an organization of independent businesses challenged the constitutionality of two key components of the Affordable Care Act. The Court upheld the individual mandate but converted the Medicaid eligibility expansion from mandatory to optional for states. Elizabeth Weeks’ feminist rewrite breaks down the public law-private law distinction to get beyond the traditional view of health insurance as a commercial product providing individual financial protection against risk and instead to view it as effecting a risk pool premised on cross-subsidization of the health-care “haves” by the health-care “have-nots.” Weeks also rejects the original opinion’s dichotomy between “old” and “new” Medicaid as an artifice evidencing a fundamental discomfort with extending public assistance to able-bodied people who are judged capable of providing for themselves on the private market. In their commentary, Mary Ann Chirba and Alice Noble assess the original opinion and Weeks’ feminist rewrite in terms of their concrete effects on women’s lives.
health insurance -- affordable care act -- medicaid -- federalism -- constitutional law -- Constitutional Law -- Health Law and Policy

External Identifiers:

Metadata URL:

https://digitalcommons.law.uga.edu/fac_artchop/1545

Holding Institution:

Alexander Campbell King Law Library

Rights:

View at Partner Site