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ProgressiveEconomist

(5,818 posts)
Thu Jun 28, 2012, 11:39 AM Jun 2012

PDF link to 193 pages of USSC ACA opinions and dissents, with an outline

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

If you dig into any of these sections of the opinion, I’d love to hear your comments.

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The structure of this PDF document clarifies the pattern of agreement and disagreement among Justices about the ACA.

Pages 13-32 and 39-65: 5-4 majority opinion upholding the individual mandate under Congress’s taxing power, and upholding the rest of ACA except for the ability to terminate all federal Medicaid funding for states that refuse to expand coverage for the poor.

Pages 33-38: Roberts’s argument why the Commerce Clause does not authorize ACA, dissented from by Ginsburg et al on pages 66-102.

66-102 “JUSTICE GINSBURG, with whom JUSTICE SOTOMAYOR joins, and with whom JUSTICE BREYER and JUSTICE KAGAN join as to Parts I, II, III, and IV, concurring in part, concurring in the judgment in part, and dissenting in part.”

103-126 Ginsburg dissent on prohibiting termination of federal Medicaid funding for states refusing to expand Medicaid

127-191 Dissent by Scalia, Kennedy, Thomas and Alito, finding the ACA invalid in ite entirety

192-193 Dissent by Thomas on Commerce Clause
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