The Legal Aspects of the Health Care Overhaul

Published: 04th January 2011
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Currently there are twenty-two states that have begun to file legal briefs challenging the constitutionality of the new health care reform bill that was passed in March 2010. It will have to go through a lot of legal documents before a legal decision about it can be made. There are several main issues to contend with and a few of the twenty-two states have combined their efforts.

1. The mandate for all or most Americans to have a medical policy
2.Implementing a fine for those who won't purchase the mandated health care
3.Against the state's sovereignty as stated in the Commerce Clause
4.Unjust burden on the states' finances

One of the main issues is trying to persuade the courts the health care reform bill, which is now the law of the land, if even in part, is constitutional. Yet, to date, the health care bill seems to be infringing upon states rights through the long ago agreed to commerce clause. Unless Congress wishes to change the wording of commerce clause, this health care bill will need to eliminate a few of the major issues.


If on the other hand, the government wishes to continue with this health care bill they will need to change the wording of the health care bill and show just cause this is really nothing more than an across the board tax or show why this health care reform bill must stand on its own merit.

At this present time, there are more citizens angry and upset over this huge mandate of the government to confiscate more of their hard-earned income. We have come to a point where our jobs no longer have enough incentives to keep their employees.

Will this new health care reform bill stand when millions of more citizens lose their homes, their employment, and their livelihood? Will this new health care reform bill stand as more businesses large and small begin to close up and move out of the country? What will happen when even more citizens move out of the country as many have already done?

The current legal challenges being placed and argued in the courts will take time to find their way through the system. Meanwhile insurance providers are starting to prepare to accommodate the millions more citizens who will be seeking health care as per the new mandate. But they shouldn't count their chickens before they hatch.








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Source: http://sarahhanks.articlealley.com/the-legal-aspects-of-the-health-care-overhaul-1926315.html


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