National federation of independent business vs. sebelius(2012) - Essay Example

The exchange provides individuals and families with low income,at a certain poverty rate, an opportunity to receive the government subsidy towards purchases made in the exchange. In addition, minimum health insurance policy standards are established by the law. There were two major issues that formed the basis for the case and onto which the involved parties laid their claims. The first issue involved the constitutional validity of the Congressional law requiring the states to make a choice between losing Medicaid funding from the federal government and upholding the Obamacare (National Federation of Independent Business vs.

Sebelius, 2012). On the other hand, the second issue involves the constitutionality of the Congressional law that pushes for the obtaining of health insurance by all citizens and imposing penalties for those who fail to comply (National Federation of Independent Business vs. Sebelius, 2012). In reference to the first provision of the Affordable Care Act (ACA), which requires all states to adhere to the Medicaid expansion parameters or experience withdrawal of the Medicaid funding, the 10th Amendment is violated.

According to the court, as much as the unconstitutionality of the mechanism is evident, the courts only solution is redaction of the penalty to allow for free choice among the states concerning establishment of the proposed exchange without being treated with loss of the Medicaid funding (National Federation of Independent Business vs. Sebelius, 2012). As such, the court maintained that the unconstitutional coerciveness of the provision that withheld the federal grant was clear and evident. With reference to commerce clause, the ACT is unjustified.

The court has never allowed the Congress to purchase a given product mandatory by utilizing its power to control commerce between states. As such, there ought to be an item of regulation for the regulation of interstate commerce by the congress to be possible. On the